Retail Motor Law

The Employment Equality (Age) Regulations 2006 set out the Default Retirement Age ( DRA) at 65, thus allowing employers to retire employees at  that age, provided the correct procedure is followed.

However in July of this year the Government published its document ‘Building a Society for all Ages’ and has announced that it will bring forward its review of the DRA to 2010. Originally it was scheduled for 2011.

Recently the High Court heard the case of the Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business Enterprise and Regulatory Reform (commonly known as the Heyday Challenge). Age Concern challenged the Lawfulness of the DRA.

The High Court ruled that it is lawful to retire employees at 65; however it suggested that the DRA (65) may be too low and could possibly be raised. We will have to await the outcome of the Review in 2010.However on current information it is likely that the DRA will raise possibly to 67 if not higher.