Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Discrimination definition

What does Discrimination mean? Discrimination in legal practice describes unfavourable treatment, particular disadvantage, harassment or victimisation because of a protected characteristic, across employment and the provision of services, housing, education and public functions. The concept is defined primarily by legislation and developed through case law. In England & Wales and Scotland, the Equality Act 2010 prohibits direct and indirect discrimination, harassment, victimisation, discrimination arising from disability, and failure to make reasonable adjustments. Protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (colour, nationality, ethnic or national origins), religion or belief, sex and sexual orientation. In Northern Ireland,...

Retirement and Age Discrimination in Employment: EJRA Justification, Dismissal, Benefits and Pensions (Great Britain)

Published by a LexisNexis Employment expert

Practice notes

This Practice Note

This Practice Note reviews legal questions linked to retirement from employment, such as age Discrimination, the Justification for a compulsory Retirement age and Dismissal. It also touches on practical aspects of retiring, including flexible routes, workplace conversations, underperformance, illness, health and safety, insured benefits, pensions and employee share schemes.

From October 2006, the Employment Equality Act (Age) Regulations 2006:

made age-based discrimination against workers, employees and others unlawful
introduced a default retirement age (DRA) of 65 for employees
treated retirement as a potentially fair reason for dismissing an employee

The DRA was later removed and the related statutory retirement procedures repealed from 6 April 2011. The government explained this change was to ensure no one lost the chance to work merely because they had reached a certain age. Consequently, the ‘retirement age’ is now typically set by the individual, ie the age at which they elect to retire. Some employers nevertheless keep, or have brought in, a fixed retirement age after the DRA’s repeal. For a sample retirement policy...

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Web page updated on 28/05/2026

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