Age Discrimination Default Retirement Age (DRA) Alison Collins 9 th February 2011

Default Retirement Age Employment Equality (Age) Regulations Northern Ireland 2006 Introduced a Default Retirement Age (DRA) DRA : To be phased out Changes will be applicable to all employers No exceptions 2Age Discrimination (DRA)

Timeframes From 1 st October 2011: No employee can be compulsorily retired using DRA because they have reached 65 – unless objectively justified On or after 6 th April 2011: Employers prevented from issuing new notifications of retirement. 3Age Discrimination (DRA)

Transitional Arrangements Transitional Period: 6 April 2011 – 30 September th March 2011: Last day to provide 6 months’ notice using DRA 30 th September 2011: Last day employees can be compulsorily retired. 4Age Discrimination (DRA)

Transitional Arrangements During transitional period – retirements that have already begun can continue if:- –Notification of retirement issued on or before 30 th March 2011 –Late notification issue between 30 th March 2011 and 5 th April 2011 –Date of retirement fails before 1 st October 2011 –DRA Procedure followed –Requirements of DRA met –Short two weeks’ notice of retirement – repealed on 6 th April Age Discrimination (DRA)

Removal of DRA What does this mean for Employers? Enforced retirement only permitted if it can be objectively justified Review of contract and policies required Ensure – employers treated fairly and consistently regardless of age Performance issues – must be addressed regardless of age. 6Age Discrimination (DRA)

Removal of DRA What does that mean for employers’ If use a retirement age: Objective Justification Difficult to justify Evidence will be required to support it Consider: Is there any alternative 7Age Discrimination (DRA)

Removal of DRA What does this mean for employees Changes will not affect an employee’s state pension age and entitlements – can be separate from retirement age. Older employers – can still voluntarily retire Cannot be forced to retire at a set age unless objective justification. 8Age Discrimination (DRA)

Poor Performance Discussion to establish the facts Failure to address with older workers – discriminatory towards younger workers Establish reasons Set improvement periods Agree if training would assist 9Age Discrimination (DRA)

Disability Discrimination Risk of DDA claim due to older worker acquiring impairments a younger employee does not have. Reasonable adjustments may be required. Caution required due to age discrimination. 10Age Discrimination (DRA)

Insured Benefits Examples: Income protection, sickness and accident insurance, private medical insurance. Exempt from principle of equal treatment on grounds of age Employers can cease to provide these benefits once employee reached Age Discrimination (DRA)

Employer Planning: Workplace Discussions All employees Future aims Identify training and development needs: key is to be consistent Future performance Record outcome To avoid age discrimination complaints – ask all workers about their future plans, aims etc. Not just older ones. 12Age Discrimination (DRA)

Termination of the Employment relationship with DRA Employers must use one of the fair reasons for dismissal - Employment Rights (NI) Order 1996: Examples: –Capability –Misconduct –Redundancy –Some other substantial reason 13Age Discrimination (DRA)