A compulsory retirement age of 67 has been introduced by the University of Cambridge for its academic staff.
Following the abolition of the default retirement age in April 2011, employers now have to justify their retirement of employees in order to successfully defend claims for unlawful age discrimination.
The rationale for the move by the University of Cambridge is that a set retirement age would support intergenerational fairness. This was one of the potentially legitimate aims justifying compulsory retirement which was identified by the Supreme Court in the landmark case of Seldon v Clarkson Wright and Jakes UKSC 16, as we reported in last month's edition of HR Bytes.
However, employers will still need to show that the particular retirement age was a proportionate means of achieving the legitimate aim. Essentially this means that the retirement age needs to be appropriate and necessary, having regard to the particular role in question.
In practice many employers have opted not to have a policy of compulsory retirement which is why it is interesting to note the University of Cambridge's decision.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
