Forced retirement at 65 under attack

Influential voices are calling for the current “default retirement age” of 65 to be scrapped. The latest call comes from the Equality and Human Rights Commission (EHRC), which has said that workers should be able to stay in their jobs beyond the age of 65. The EHRC polled 1,500 workers, and found that a relaxation of the current rule would be welcomed by most. The House of Lords is likely to debate the issue today, as part of the debate on the Equality Bill, which is currently threading its way through parliament.

Currently employers have the legal right to force employees to retire at 65 – irrespective of whether or not the employee in question is still able to do the job. This was confirmed in a legal ruling in September of last year – but there were strings attached.

The High Court ruled that the default retirement age was not unlawful – but that there was now a compelling case for it to be scrapped. In practice this means that employers can still lawfully retire people against their will at the age of 65, for the time being. But the court wanted an urgent review of this provision.

The current Equality Bill does provide an opportunity to decide whether the default retirement age stays in place. The government has said it intends to get the bill passed before the general election this year. So there’s a chance here for the political parties to do more than make promises, but to actually vote on the issue.

Many organisations have already scrapped automatic retirement based on age, without waiting for a change in the law making them. They include Tesco, Marks & Spencer, HBOS, the Co-op Group and the Civil Service (for all but senior civil servants). An umbrella group called The Employers Forum on Age has been campaigning against forced retirement at 65 for several years.

However, Personnel Today magazine, which itself backs the campaign to scrap forced retirement, reports that some employers are still against changing the law, particularly now, in the middle of a recession. This is because it provides a useful mechanism for them to reduce staff numbers legally. Personnel Today quotes one HR director, who is against changing the lw, as saying “It’s useful to us now”.

Long term though forced retirement at 65 is likely to go. But this in itself won’t be enough to keep more people in work and earning. The jobs need to be there in the first place, for anyone of any age to do.

External links
Equality and Human Rights Commission summary of proposals

EHRC report (PDF) Working Better: The over 50s, the new work generation

Personnel Today on attitudes of HR chiefs pro and con

The Guardian Harman wants end to compulsory retirement age

Note:
The default retirement age and the state pension age are currently out of step. The default retirement age was set at 65 for both men and women in legislation that came into effect four years ago. Meanwhile women continue to be receive their state pension earlier than men, currently at age 60 while men have to wait till 65. But the plan is to harmonise the age for both sexes, increasing it in stages to 68 over time.

When will you get a state pension? Official State Pension Age calculator

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