header-logo header-logo

04 November 2010
Issue: 7440 / Categories: Legal News , Employment
printer mail-detail

DRA abolition delay

Early retirement threat for older workers

Transitional arrangements for the repeal of the default retirement age are “unacceptable” and could lead to many older employees being retired early, the Employment Lawyers Association (ELA) has warned.

In July, the Department for Business, Innovation and Skills published its consultation, Phasing out the Default Retirement Age (DRA), proposing a six-month transitional period ending with full abolition in October 2011.

In its response to the proposals, the ELA recommended that the Advisory, Conciliation and Arbitration Service and the Equality and Human Rights Commission be given time to draw up “authoritative but non-prescriptive guidance” for employers.

Consequently, abolition of the default retirement age should be delayed until “at least” April 2012—otherwise, employers may retire older workers rather than face the uncertainty of keeping them on.

James Davies, chair of ELA’s working party on the proposals, says: “Clear codes and guidance will also provide a positive framework for retirement discussions for employees, rather than an annual ordeal during which employees have to argue for their right to continue working.”

The government could introduce rules where, for example, organisations above a particular size are required to produce “senior plans” or hold “staying on discussions” with employees above a specific age, he said.

The ELA further recommended that retirement be stated specifically to come within the “some other substantial reason” ground for dismissal or be listed as a potentially fair reason for dismissal in the Employment Rights Act 1996. This, the ELA says, would give employers and employees greater clarity than at present, where it is left to employers to argue that it comes within the scope of “some other substantial reason”.

Issue: 7440 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll