Abolition of the Default Retirement Age
Historically, the UK had a Default Retirement Age (DRA), which allowed employers to force employees to retire at age 65. This practice was phased out between April and October 2011, following a campaign by Age UK and changes in legislation. The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 formally ended this procedure, stopping employers from compulsorily retiring workers based on age alone.
This change was a monumental step in tackling age discrimination in the workplace. The government reasoned that with people living longer and healthier lives, compelling experienced workers to retire was unnecessary and harmful. The law now reflects a modern society where people's working lives extend beyond traditional boundaries.
The Difference Between State Pension Age and Retirement Age
One of the most common points of confusion is mixing up the State Pension age with a mandatory retirement age. They are distinct concepts:
- State Pension Age: This is the earliest age you can claim the State Pension from the government. It is currently 66 for both men and women and is scheduled to rise further. You can check your specific State Pension age on the government's website. You have the choice to start claiming it once you reach the age, or defer it to receive higher payments later, even if you continue working.
- Retirement Age: This is the age at which an individual chooses to stop working. With the abolition of the DRA, this is now a personal decision for most workers, based on their financial and personal circumstances. It is no longer dictated by a company policy or a legal mandate.
Legal Protections Against Age Discrimination
Under the Equality Act 2010, age is a 'protected characteristic'. This means that it is unlawful for an employer to discriminate against you based on your age. This protection applies to all aspects of employment, including recruitment, training, promotion, and dismissal.
For an employer to lawfully force you to retire, they must be able to 'objectively justify' it. This sets a very high legal bar and can only be used in limited circumstances. This might be challenged at an employment tribunal if a worker feels they have been treated unfairly.
Exceptions: When a Compulsory Retirement Age is Justified
While the general rule is that you cannot be forced to retire, there are rare exceptions. An employer can enforce a compulsory retirement age if they can demonstrate that it is a 'proportionate means of achieving a legitimate aim'. Examples include:
- Health and Safety: For jobs with specific physical or mental ability requirements, where an age limit is necessary to protect the public or the employee. Examples include the fire service or commercial pilots.
- Legal Requirement: In specific professions, a retirement age may be set by law. For instance, judges in the UK have a mandatory retirement age.
- Workforce Planning: In very specific, and highly scrutinized, circumstances, a compulsory retirement age might be used for workforce planning purposes, such as ensuring a balanced age structure. However, this is difficult to justify legally and can be challenged as a form of age discrimination.
Your Rights as an Older Worker
For those who wish to continue working past 65, the law provides important rights:
- Flexible Working: You have the statutory right to request flexible working arrangements after 26 weeks of employment. Your employer must consider your request seriously, though they can reject it for a valid business reason.
- Pay and Benefits: You must be treated fairly and not discriminated against in terms of pay, promotion, or training.
- National Insurance: A significant benefit of working past State Pension age is that you no longer have to pay National Insurance contributions.
- Redundancy: If made redundant, the decision must be based on objective criteria, not your age.
Comparing Pre-2011 and Current UK Retirement Law
| Feature | Before April 2011 (Default Retirement Age) | From October 2011 (Equality Act 2010) |
|---|---|---|
| Mandatory Retirement | Employers could force most employees to retire at 65 without justification, provided proper procedure was followed. | Mandatory retirement is generally unlawful and constitutes direct age discrimination. |
| Objective Justification | Not required to force retirement at 65 for most jobs. | An employer must objectively justify any compulsory retirement age as a 'proportionate means of achieving a legitimate aim'. |
| Focus | Employers assumed employees would retire at 65, and planned for it. | The focus shifted to protecting older workers from discrimination and enabling them to work for as long as they choose. |
| Employee Rights | Limited recourse for those wanting to work past 65, with the right to request working longer often ignored. | Strong legal protections against age-based discrimination at every stage of employment. |
Conclusion
In summary, the notion that it is mandatory to retire at 65 in the UK is an outdated myth. Following the abolition of the Default Retirement Age in 2011, the decision to retire is now a personal one for the vast majority of workers. Protected by the Equality Act 2010, you have the right to work as long as you are able and wish to, with only very specific, objectively justified exceptions allowing for a compulsory retirement age. Understanding this key aspect of modern UK employment law is vital for confident retirement planning and enjoying a fulfilling later career.
For more detailed guidance on employment rights, visit the official UK government website at GOV.UK.
