The default retirement age was abolished on 6 April 2011, subject to transitional provisions. Any dismissal because of age taking place now will constitute direct age discrimination under the Equality Act 2010 unless it falls within the transitional provisions.
There is to be a 12 month transitional period and for a retirement dismissal to fall within the transitional provisions the following conditions have to be met:
- The notice of intended retirement must have been issued on or before 5 April 2011
- The employee being retired must have reached the age of 65 ( or the normal retirement age if this is higher ) on or by 30 September 2011
- All requirements of the statutory retirement procedure must be met.
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