Commentary on Sections Schedule 9: Work: exceptions Background
807.Paragraph 8 preserves the exception for retirement previously provided for by regulation 30 of the 2006 Regulations, and accompanying provisions at Schedule 6 and Schedule 8 to the 2006 Regulations.
808.Before the coming into force of the 2006 Regulations, the concept of retirement was not legally defined. Where an employee was either over 65 or the employer’s normal retirement age, the employee did not have the right to claim unfair dismissal. The employee could be compulsorily retired once he had reached the employer’s normal retirement age, or 65. The removal of this age cap on the right to claim unfair dismissal was removed by the 2006 Regulations.
809.Compulsory retirement ages are a form of direct age discrimination. Where the retirement age is below the age of 65 (or the employer’s normal retirement age if over the age 65) it needs to be objectively justified.
810.The Government considers this exception for retirement ages of 65 and over to be within the exemption contained in article 6(1) of the Council Directive 2000/78/EC (“the Directive”) as being justified by reference to a legitimate aim of social policy.
811.This provision is being reviewed during 2010.  It is intended that any changes resulting from the review will be implemented during 2011.