Due to an upsurge in litigation taken by aggrieved employees who have been forced to retire, employers are becoming increasingly more wary of including retirement ages in their contracts of employment.

However, in spite of the recent developments in the legislation and case law, the inclusion of a mandatory retirement age in a contract of employment is an important first step in successfully enforcing a compulsory retirement age.

While most of the litigation surrounding compulsory retirement ages is concentrated on claims for age discrimination, there is also a risk that a forcibly retired employee may take a claim for unfair dismissal.

Successfully retiring an employee consists of two steps:-

1. The employer has to establish that a contractual retirement age