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 daven.naghen@maplessolicitors.com


Free Wills Month in October image

Free Wills Month in October

Maples are pleased to announce that they are taking part in Free Wills Month throughout October. If you are aged 55 or over you can make your Will for free and have the opportunity to help one or more of the sponsoring charities in the process. Appointments are limited in number and are allocated on a first come first served basis.

For further details please contact a member of our Wills and Probate Department:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

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

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Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

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

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.