What are the requirements on age discrimination?
Legislation has come into force making it unlawful to treat people differently on grounds of age, unless such treatment can be justified or falls within one of the exemptions to the law (see question 26, below). This legislation makes it unlawful for any employer to force anyone into retirement at any age short of the ‘default retirement age’ of 65, unless an earlier retirement age can be justified. Employers are required to notify employees of their retirement date between six months and one year ahead, and must also notify them of a new right to ask to work longer. If employees exercise that right, employers must carefully consider the request (see question 22, below). They do not have to provide reasons if they decide to turn the request down, but the employee does have a right of appeal. Having said all that, an organisation called Heyday, backed by Age Concern, challenged the legality of the UK’s ‘default retirement age’ and it was referred to the European Court of Justice (ECJ).
