Pensioning off the mandatory retirement age: implications for the higher education sector

Abstract

This article considers the implications for higher education (HE) of the removal of the retirement age in 2011. It starts with an exploration of findings from empirical research which looked at the use of the retirement provisions of the 2006 Age Regulations in the UK HE sector. It highlights a number of concerns identified as a result of that research relating to retirement practices in HE and considers how these might apply given the recent abolition of a mandatory retirement age. The article uses a legal empirical approach to explore how the law would apply to any employer in HE attempting to justify continued use of mandatory retirement. It also examines other options such as the use of incentives to retire, the use of flexible working and the increased use of performance management. The article begins with an introduction to the main findings of the research, before turning to consider the current case-law relating to the legality of retirement provisions, including the recent Supreme Court decision in Seldon v Clarkson Wright and Jakes, and the legal implications of alternative options for managing extended working lives.