Keywords: Retirement, age discrimination

Summary

The Employment Appeals Tribunal held that a compulsory retirement age can be lawful, in limited circumstances.

In these two cases, separate from each other but linked by the effects of the same policy, the employer argued that a compulsory retirement age of 68 was a proportionate means of achieving a legitimate aim.

The Law

The Equality Act 2010 prohibits discrimination on the grounds of age under ss.(5) and (13), unless it is a proportionate means of achieving a legitimate aim (s.13 (2)).

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