The end of the Default Retirement Age
Before April 6, 2011, UK employers could legally require employees to retire at age 65 under the 'Default Retirement Age' (DRA). The abolition of the DRA significantly changed this, making it illegal for most employers to force retirement based on age. This was a crucial step to combat age discrimination, ensuring people can work as long as they are willing and able. The Equality Act 2010 now provides protection against age-based unfair treatment in the workplace for workers of all ages.
Your right to choose when you retire
The law gives you the right to decide when you retire. Employers should not initiate discussions about retirement with older staff unless the employee brings it up, to prevent any suggestion of pressure or discrimination. This allows you to work for as long as you can and wish.
Are there any exceptions to working past 70?
While compulsory retirement based solely on age is generally outlawed, there are limited exceptions where an employer can legally enforce a retirement age. This requires 'objective justification'.
Examples of potential justifications include:
- Health and Safety: Jobs demanding high physical fitness or involving public safety risks, such as in the police or fire service.
- Specific Legal Requirements: Some professions, like judges, have mandatory retirement ages set by law (e.g., 75 for judges).
Justifying compulsory retirement is challenging for employers. It must be a proportionate method to achieve a legitimate, public interest aim, not just for business convenience.
State Pension Age vs. Employment Rights
It's important to distinguish between your State Pension age and a mandatory retirement age, as they are different:
- State Pension Age: The age you can claim your State Pension, currently 66 for both men and women, rising to 67 between 2026 and 2028. You can continue working after reaching this age.
- Retirement Age: The age you personally choose to stop working. This decision is yours alone, not your employer's. You can claim your State Pension while still working or defer it.
Deferring your State Pension
Working past your State Pension age gives you the option to defer your pension. This means you won't receive payments immediately, but your weekly payments will be higher when you do start claiming them.
Your rights against age discrimination
The Equality Act 2010 makes it illegal for an employer to discriminate against you based on your age. This includes actions like:
- Blocking training or promotion due to age.
- Making negative age-related comments.
- Pressuring you to retire.
- Dismissing you unfairly, using redundancy as an excuse, while keeping younger staff.
Comparing retirement legislation
| Feature | Before April 2011 (Default Retirement Age) | After April 2011 (Abolition of DRA) |
|---|---|---|
| Mandatory Retirement | Employers could compel employees to retire at 65 without justification. | Employers cannot force retirement unless objectively justified for specific roles. |
| Right to Work | Ended for most employees at 65. | Continues for as long as the employee is able and willing. |
| Burden of Proof | On the employee to challenge a retirement notice. | On the employer to prove an objective justification for compulsory retirement. |
| Discrimination Claims | Age discrimination protections were weaker for older workers approaching the DRA. | All workers are protected from age discrimination under the Equality Act 2010. |
| Process for Working Longer | Formal process for employees to request working past 65, which could be refused. | No mandatory process; the right to continue working is standard practice. |
Planning to work past 70
If you plan to work beyond 70, preparation is key. Consider flexible working options and understand your pension situation.
Key steps include:
- Understand pensions: Review your workplace pension and State Pension age. The official government tool can help.
- Explore flexible working: Discuss flexible working requests with your employer if you want to alter your hours or pattern. Employers must have a valid business reason to refuse.
- Ensure fair treatment: Your performance should be judged by the same objective standards as younger colleagues.
- Know your rights: Be aware of your protections under the Equality Act 2010. You have the right to challenge unfair treatment.
- Seek advice: Organisations like Acas offer free, confidential advice on workplace issues, including retirement and age discrimination. You can find information on their website: https://www.acas.org.uk/retirement.
Conclusion
The idea of mandatory retirement at 70 in the UK is based on outdated laws. Current legislation protects your right to work for as long as you choose, free from age discrimination. Understanding your rights and the difference between State Pension age and your personal retirement plans is crucial for making informed decisions about your later working years.
