Retirement Age (DRA) of 65 Phased out from 2011

20th August 2010
Retirement Age (DRA) of 65 Phased out from 2011 image

Retirement Age (DRA) of 65 Phased out from 2011

As a reader of our newsletter you may be aware, that prior to the general election earlier this year, that there was an attempt by the Labour Government to fast track amendments to the Equality Bill so that the default retirement age of 65 was abolished.  That bid failed, but now the Coalition Government has stated that it intends to phase out the default retirement age of 65.

Currently the law states, in round terms, that an employer can retire an employee at 65 upon the giving of at least 6 months’ notice.  Although the employee has the right to request to work beyond the age of 65, the employer can refuse and does not have to give reasons for the refusal.

If the default retirement age is abolished, the retirement of employees will no longer be a risk free route to dismissing an employee from a business.  The business will face a potential age discrimination case, unless the business can ‘objectively justify’ the dismissal.

Daven Naghen commented that “It is still a little uncertain as to when the changes will happen and how they will happen.  For the moment the default retirement age of 65 remains, so if a business gives an employee 6 months’ notice there is still a good chance that the employee can be successfully and safely retired upon the basis of the current law.  However as and when the changes come, a business should seek legal advice before retiring any of its staff because the risks of a discrimination case will be high.  Performance management procedures will probably be required, to show that the relevant employee’s performance is beginning to drop off.”

If you need advice on retiring a member of your staff then please ring Daven on 01775 722261 or email

The Will Writing Company Limited image

The Will Writing Company Limited

It has been reported that The Will Writing Company Limited, whose registered office is at Ergo House, Mere Way, Ruddington Fields Business Park, Nottingham, have ceased to practise.

If you made Wills using this company then it is probably worthwhile making contact with them in order to retrieve your Wills. Once you have your Wills you may wish to make an appointment with one of the lawyers in our Wills, Lasting Power of Attorney and Probate Team in order to review your Will to ensure it still accords with your wishes. We also offer a Will storage facility which is free of charge.

To review your Will please contact one of our lawyers in the Wills, Lasting Powers of Attorney and Probate Department:-

Jane Mawer-
Jamie Dobbs-
Faye Blair-

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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Gemma Mayer LLB

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Anita Toal LLB BA

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Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

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Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.