Overview

The default retirement age (DRA) of 65 was introduced in 2006 as part of UK legislation intended to meet EU requirements and to prohibit age-related discrimination in employment. From the outset, it has been controversial.

On one hand, the Government has advocated that employees should not be discriminated against on age grounds - on the other, the DRA allows employers to dismiss employees once they have reached a certain age.

This question has come into prominence through R v (Age UK) v Secretary of State for Business, Innovation and Skills, commonly referred to as ‘the Heyday case’, brought against the UK Government by an off-shoot of Age Concern. Ultimately, the Government managed to satisfy the courts that the DRA is objectively justifiable, but it has always indicated that it would review the DRA in due course.
The new Government has now decided the time has come to remove the DRA – Wragge & Co looks at how it plans to do so.

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