Employment law update: what is RDA?

People are now to enjoy greater flexibility over when they choose to leave work according to MWR’s employment law expert, Sadiq Vohra.

Sadiq comments:

“The recent Governments scrapping of the default retirement age means that from October 1, employers are no longer able to use the statutory retirement procedure to force out employees over the age of 65.  If they were to, the employee would be able to bring a claim of age discrimination and unfair dismissal to an employment tribunal.

An employer will still be able to dismiss an employee on the grounds of retirement if retirement can be objectively justified or if it can be shown that this is a proportionate way of achieving a legitimate aim. This means that in some cases, roles which require a good level of physical and mental fitness could become unachievable to those over a certain age.

It is important to also remember that while the law means companies can no longer force employees to retire, a number of other reasons for being dismissed do still exist such as redundancy, inability and misconduct so it is important for people to check their contracts.

The changes in the retirement age have been welcomed by a number of employees who would suffer financially if they were to be forced out of employment. With poor returns on state pensions and difficulties in saving in the current climate, many people will wish to continue to work and they now have the right to do so.”

If you have any questions or queries relating to retirement or employment law, contact the experts by calling 0800 731 0717 or email sadiq.vohra@mwrlaw.com