There has been a lot of chatter on the web on this topic in the past 24 hours following ACAS revising their guidance which suggested a change in stance by the Government. The draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 have now been published and are expected to come into force on 6 April 2011.

It was previously thought (because the Government indicated that it would be the case) that the transitional provisions would provide for the default retirement age of 65 would remain in effect until 30 September 2011 (albeit that the last day for commencing the statutory retirement procedure was 5 April 2011).

The position now is that, an employee can be retired between 30 September 2011 and 4 April 2012 provided that:-

  1. the employee has reached 65 on or before 30 September 2011

and

  1. the statutory retirement process has commenced by 5 April 2011 at the latest.

Key point from an employer's perspective is that if they wish to utilise the statutory retirement procedure then they must do so by 5 April 2011 at the latest. It is recommended that advice is sought in advance of taking any action.

More detail to follow...