Anomaly in Draft Regulations! | Davis Blank Furniss Solicitors

As those who attended our breakfast seminar last week on the abolition of the Default Retirement Age will know, the draft Regulations dealing with the new legislation and the transitional provisions were released by the Government last week.

By way of a summary, the draft Regulations deal with the following:

The current legislation which makes a retirement dismissal fair providing that the correct procedure has been followed, will be abolished from 6th April 2011, with the DRA being removed with effect from 1st October 2011.

  • Transitional provisions will apply between 6th April and 1st October 2011.
  • The final date for issuing a notice of retirement under the current regime is therefore 5th April 2011 (or 30th March 2011 if best practice is to be applied).
  • The draft Regulations confirm that an exemption will be provided to enable employers to avoid providing insurance benefits to the over 65s, as had been promised by the government in its response to the consultation.

Most importantly for employers, on the basis of the current wording of the draft Regulations, employers will be left in the difficult position that they will not be able to retire those who are (or were) 65 before 1st April 2011, before 1st October 2011 (ie during the transitional period), without the risk of potentially facing an age discrimination and unfair dismissal claim.   

This will of course affect employers who have issued (or are about to issue) notices of retirement to those who are already 65, which are due to expire during the transitional period.

It is hoped that this is a drafting error which will be corrected in the final version of the Regulations, but until this is clarified, employers should take advice before retiring employees who fall within this anomaly to avoid costly claims.

We will provide further updates on this when they are available, and will also confirm the content of the final version of the Regulations once they have been released.

Should you require any further information please do not hesitate to contact a member of our employment team.


Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google