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Ruling may throw doubt on removal of default retirement age

25 April 2012

The supreme court has ruled that employers could have powers to forcibly retire employees at 65, throwing into doubt the abolition of the default retirement age.

The court ruling dismissed an appeal from a partner at a law firm who was forced to retire at age 65, saying the firm was right in its use of age discrimination to remove him.  The partner wanted to work until the age of 68 due to financial issues but other partners dismissed the request.

The Employment Tribunal ruled it was a legitimate and proportionate for the firm to do this.  The partner appealed the ruling and the supreme court has now dismissed his appeal.

The ruling said that all businesses will now have to give careful consideration to what, if any, mandatory retirement rules can be justified.

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