What is the position in relation to retirement ages?
A. The Regulations contains complex new rules for termination of employment at retirement age. Broadly an employer can require an employee to retire at or over age 65 without any unfair dismissal or age discrimination claim being possible as long as the employer follows the new procedure in the Regulations. This procedure does give the employee a right to request to continue working beyond the intended retirement date. Making an employee who is under 65 retire is potentially a breach of the Regulations subject to the defence of justification.
