The Draft Repeal Regulations, of the Retirement Age Provisions brought in to law in 2006, are out today.

They are intended to apply from 6th April 2011. Assuming they are passed, any process to make someone retire by reason of his/her age will be unlawful and unfair thereafter.

They specifically exclude any currently lawful retirement process which is underway by 5th April and which results in retirement on or before 30th September 2011.

So if you have some people in mind for retirement before that date and you can legitimately get the process started soon, then you've got just less than 7 weeks to do it. After that the tricky waters of fair capability assessments will be the methodology in nearly every case where the employee doesn't want to leave you and you see it differently.