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Working in the UK without a default retirement age: health, safety, and the oldest workers

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Article
H

Barrett, Brenda ; Sargeant, Malcolm

Industrial Law Journal

2015

44

1

March

75-100

labour law ; occupational safety and health ; older worker ; retirement age

United Kingdom

Law

http://dx.doi.org/10.1093/indlaw/dwu028

English

"This article is prompted by the abolition in the UK of the default retirement age; in particular, it will consider the impact on individuals seeking, or in continuing work, and on organisations needing to manage older workers. Underpinning the article is the hypothesis that as the removal of a compulsory retirement age allows an increasing number of people to work beyond their 65th birthday, organisations will need to develop policies to cope with increasing numbers of workers in their late 60s, 70s and beyond. Here, we focus on the need for employers to plan for an ageing workforce in respect of the health and safety issues which will result from employing increasing numbers of older workers. Firstly, the article considers what evidence exists as to whether there will be an increase in the number of older workers. Secondly, it examines decisions of the European Court of Justice and the Supreme Court in relation to retirement age and the possibility of an employer justified retirement age. Finally, it focuses on the occupational health and safety issues faced by older workers and those for whom they work."

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