Reforming Default Retirement Ages

Abstract

The EU's ageing population is creating new challenges for employment law and social security systems. In particular, the use of mandatory retirement is coming under increased scrutiny as governments attempt to extend working lives. This article considers the extent to which the abolition of the national default retirement age in the UK has regulated out precariousness for older workers. Drawing on doctrinal analysis and empirical evidence, including surveys of employers and government workforce statistics, it examines the emerging impact of the legal reforms on the status and participation of older workers in the UK. It provides a critical examination of the role of mandatory retirement and similar age-specific employment regulations in constructing precariousness for older workers. While focused specifically on the situation in the UK, this article has broader repercussions for other EU Member States, particularly given current pressure across the EU to increase participation rates for, and improve the position of, older workers.