Since the introduction of the Employment Equality (Age) Regulations 2006 on the 1st October 2006, employers have been prohibited from having a retirement age of below 65 years, unless this can be justified.

The guidance in relation to the Regulations has however made it quite clear that a retirement age of below 65 will be almost impossible to justify in most cases. Whilst retiring employees at age 65 or over will not be unlawful age discrimination it will be an unfair dismissal if the retirement dismissal procedures are not followed.

These procedures can be complicated and it is advisable for employers to have a clear policy for dealing with retirement and requests by employees not to retire. We can advise and assist in relation to all aspects of retirement dismissals.