The Conservative-Liberal Democrat coalition confirmed the DRA would be “phased out”. The new Government also confirmed it has set a date to review raising the state pension age to 66, although this rise would not happen before 2016 for men and 2020 for women.
The announcement has been met with mixed feelings; with some equality campaign groups wanting the DRA to be scrapped completely. The campaigners are working in the wake of the Heyday Decision.
The Heyday Case was a challenge to the DRA by an arm of the charity Age Concern who argued it discriminated against older workers. After a lengthy legal process in the UK, the case was referred to the European Court of Justice (ECJ) in 2007.
In March 2009, the ECJ referred a decision back to the High Court after clarifying that social policy objectives “such as those related to employment and the labour market” may be considered legitimate under EU law. The High Court hearing took place in July 2009, with a decision announced on 25 September. Justice Blake ruled that the DRA was not unlawful when introduced in 2006, but there was now a compelling case for it to be scrapped.
According to Heyday, 80% of people in their 50s and 60s believe there should be no mandatory retirement age. However, if the DRA act were to be scrapped, The AP Partnership Ltd believes that another problem would be created.
How would these employees eventually leave work? Ideally, they would work beyond 65 years of age and then take voluntary retirement. However, it is likely that many employees would continue and, for some, their performance and health would decline. Such employees would be dismissed on grounds of capability. Is this a dignified way for an individual to end his/her career?
The AP Partnership Ltd believes that the phased approach taken by the Government is the correct one, as it allows employment legislation to parallel the health of the nation.
The AP Partnership Ltd are experts in UK employment law and offer our employment law consultants offer concise, jargon free, employment law advice. If your organisation requires an employment law specialists or employment law training, please contact us.
Our Employment law consultants are here to help
Our Employment law specialists are here!
Click here for UK Employment Law
Employment Law Training, can we help?!
