Employers wishing to rely upon the current default retirement age (DRA) regime have only days left to do so. The date for the phasing out of the DRA - 6 April 2011 - is fast approaching.
Since the regulations were published in January, there has been some tweaking in relation to the transitional provisions to correct an unintended anomaly created by the original wording. The revised version of the regulations now makes it clear that:
- the transitional arrangements apply to anyone who is 65 or above (or over the employer's normal retirement age if higher) by 30 September 2011 regardless of when they reached the age of 65; and
- the notice of retirement can be extended up to a maximum of six months if the employee requests this before 5 January 2012 and the retirement takes place on or before 5 October 2012.
But the date for last orders remains unchanged: if an employer wishes to rely on the transitional provision in any respect, the last date on which an employee can be given notice of retirement under the DRA regime is 5 April 2011.
For details of what you should be considering now, see our earlier alert - Calling time on the default retirement age.