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onal default retirement age is 65, although this is not a compulsory retirement age. Your employer can only retire you below the age of 65 if they can show that having a lower retirement age is appropriate and necessary.

Your employer will have to give you at least six months notice of your retirement date. You have the right to request to work beyond 65 or any other retirement age set by your employer. You will not automatically be allowed to work beyond your expected retirement date and your employer does not have to agree to your request or give you a reason for turning it down,but they will have to hold a meeting with you to consider your request.

Retiring from a job

Unfair dismissal claims

There is no upper age limit on making a claim of unfair dismissal.

Unfair dismissal

Training

Training providers (including employers, further or higher education institutions, private, public or voluntary sector training bodies and adult education programmes) cannot set upper or lower age limits for training, unless they can objectively justify the need.

Service related benefits

Many employers use service related pay and benefits to motivate staff, reward loyalty and recognise experience. If your employer uses 'length of service' criteria to increase staff pay or benefits, they can continue to do so, as long as the period of service is not more than five years.

If your employer uses a period longer than five years they must be able to justify their decision with a business need, for example by providing information about recruitment and retention.

Can you be refused a job because you're too young?

Older people experience most age discrimination. However, it also takes place against young people. It is now unlawful for an employer to impose a lower age limit when recruiting, unless this age restriction can be objectively justified or is imposed by law.

Objective justification

If challenged, your employer must be able to justify that any direct or indirect discrimination is a proportionate way of achieving a legitimate aim.

What is proportionate?

Your employer should have no reasonable alternative other than to introduce an age-based practice.

For example, a construction firm hiring for physically demanding work that requires a good level of physical fitness, the employer might have a case for setting a maximum age for their on-site workers for health and safety reasons.

What is a legitimate aim?

A wide variety of aims may be considered legitimate, but they must correspond with a reasonable need for your employer. Economic factors, such as business needs and efficiency may be legitimate aims, but arguing that it could be more expensive not to discriminate will not be a valid justification.

For example, a high street fashion store who wishes to employ younger staff in order to complement their brand image is unlikely to beable to objectively justify this because it is not a valid aim.
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