Skip navigation

Law Donut, Commercial law advice

lexel accreditation logo
FSA Logo

newsletter thumbnail
Subscribe to and view our newsletter

Review of default retirement age brought forward to 2010

14th July 2009

The Government’s planned review of the default retirement age (DRA) has been brought forward a year to take place in 2010 to reflect the 'change in economic circumstances'.

According to the BBC, Gordon Brown, the prime minister, said: "Evidence suggests that allowing older people to continue working, unfettered by negative views about ageing, could be a big factor in the success of Britain's businesses and our future economic growth."

Pensions minister Angela Eagle said although employers can retire staff when they turn 65, 1.3m people choose to work beyond state pension age, and evidence suggests that as the value of pensions diminishes and life expectancy rises many more would work past 65 if were permitted.

The minister said it was time to look again at the default retirement age: "Some people prefer to take early retirement, others prefer to keep working. We want to give older people flexible retirement options.

"The government is responding to the changed economic landscape. The different circumstances today - for businesses, and for individuals coming up to retirement - suggest that an earlier review is appropriate.

"As Britain's demographics change it is sensible that we have the debate on what works for business and individuals. The retirement laws need to reflect modern social and economic circumstances."

As part of its strategy entitled: Building a Society for All Ages, the Government will now begin gathering evidence from stakeholders for the review.

Legal challenges

Earlier, a panel of judges heard that a legal challenge by a solicitor forced to retire at 65 could affect every employee in the country.

The government has intervened in the case of Leslie Seldon, who claims he was discriminated against on grounds of age when his firm, Clarkson Wright Jakes, asked him to leave at the normal retirement age in line with his partnership agreement.

Dinah Rose QC, acting for the Department for Business, Innovation and Skills, said the case raised "important questions of policy and principle".

The Equality and Human Rights Commission is intervening in a separate legal challenge next Thursday in the High Court over compulsory retirement in a case brought against the government by Age Concern and Help the Aged. It will decide if the UK's default retirement age can be justified under EU law.

Scores of age discrimination claims are waiting in the pipeline for the outcome of these challenges. We will report on the result in due course when the judges reserve their ruling.

Pearson Hinchliffe Commercial Law are able to advise you on employment law matters, especially managing employees' entry into retirement.

Contact Details: Michael Pitt

.(JavaScript must be enabled to view this email address)

0161 785 3506

Contact form



May 2012
Director and shareholder found in contempt of court for selling company assets

Templeton Insurance v Motorcare Warranties: High Court held director of an insurance company in contempt of court for breaching a freezing order imposed against the company.

More
April 2012
Pearson Hinchliffe founding Partner, Roger Hinchliffe, retires

After a 5-decade long career, head of Corporate Commercial department retires.

More
April 2012
Sunday Trading (London Olympic Games and Paralympic Games) Bill

Sunday trading restrictions during the Olympic and Paralympic Games to be suspended.

More
March 2012
The Budget 2012

Summary of the key points.

More
March 2012
National Minimum Wage rates for 2012-13 announced

The national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.

More
March 2012
National Minimum Wage rates for 2012 announced

The national minimum wage will increase by 11p to £6.19 an hour from October 1 2012.

More
September 2011

How to Conduct a Disciplinary Hearing

A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.

June 2011

ACAS Advice leaflet “Holidays and Holiday Pay”

Download the guidance covering arrangements for holidays and holiday pay.

October 2010

Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement

Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.

July 2010

Recent Case Study: Doing Battle in the Boardroom

How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.

May 2010

How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off

Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.

March 2010

PH Employment Direct

The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.

January 2010

Debt Recovery Service

With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.

October 2009

M&A Opportunities

A live selection of current assignments offered by Pearson Hinchliffe Commercial Law or those of our professional partner organisation,