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This paper seeks to provide a summary and explanation of the legal aspects of recent changes to the UK retirement law.

The paper provides background to the concept of retirement in the context of the recent abolition of the default retirement age in the UK. The paper looks at key changes to the UK retirement law and the subsequent implications for employers.

The question of how to deal with older members of staff, particularly those who have worked for a business for a long time, is often a difficult one for managers. In the UK, at present, employers must follow a fairly strict retirement process that penalises them for failing to comply, but which does allow them to choose to retire an employee without the employee having any say in the matter. From 1 October 2011, it will be age discrimination to dismiss someone by reason of retirement and this will have implications for businesses that employ staff.

The abolition of the default retirement age has the potential to have a large impact on businesses, creating difficulties but also potential opportunities.

The purpose of this paper is to explore potential benefits and possible pitfalls of the removal of the default retirement age.

A human capital and labour market perspective provide theoretical lenses for exploring the potential implications for individuals, organizations and societies. The paper employs financial costing analysis to demonstrate.

The paper uses the UK case to illustrate anticipated managerial and societal outcomes. The main finding from the discussion and the financial analysis is that indeed the current system is unsustainable.

The paper offers areas where lessons about age management can be learnt from other experiences of flexible retirement strategies such as enhancing older workers ' human capital. The idea is of global nature and relevance and forms a “wake-up call” for decision makers at national level.

It is common for police services to set mandatory retirement ages at a relatively young level. The aim of this paper is to discuss the reasons for, and workforce planning implications of, mandatory retirement within the context of the London Metropolitan Police Service (MPS).

This research is based on in‐depth interviews with seven senior human resource managers and two trade union representatives in the MPS.

Workforce planning issues shaped managers' perceptions of the need for a mandatory retirement age of 60 for police constables. On the one hand, they were under pressure to increase the number of constables, and the possibility of extending working life was seen as one means to that end. On the other, it was feared that the retention of older police officers would lead to career blockages for younger police constables rising through the ranks.

Owing to labour and skills shortages, MPS managers were looking for ways to encourage older police officers to delay retirement. Innovative practices, such as offering flexible working hours, mentoring roles and pension incentives as alternatives to retirement were identified.

The qualitative data put the discussion of mandatory retirement in police services within the context of workforce planning rather than capability. For police authorities that maintain mandatory retirement policies, raising or abolishing retirement age would change the workforce planning paradigm in which police officers are recruited from, and retire at, young ages.

It is common for police services to set mandatory retirement ages at relatively young ages. This paper seeks to discuss the reasons for, and workforce planning implications of, mandatory retirement within the context of the London Metropolitan Police Service (MPS).

In‐depth interviews were carried out with seven senior human resource managers and two trade union representatives in the MPS.

Workforce planning issues shaped managers' perceptions on the need for a mandatory retirement age of 60 for police constables. On the one hand, they were under pressure to increase the number of constables, and the possibility of extending working life was seen as one means to that end. On the other, it was feared that the retention of older police officers would lead to career blockages for younger police constables rising through the ranks.

Owing to labour and skills shortages, MPS managers were looking for ways to encourage older police officers to delay retirement. Innovative practices, such as offering flexible working hours, mentoring roles and pension incentives as alternatives to retirement were identified.

The qualitative data put the discussion of mandatory retirement in police services within the context of workforce planning rather than capability. For police authorities that maintain mandatory retirement policies, raising or abolishing retirement age would change the workforce planning paradigm in which police officers are recruited from, and retire at, young ages.

The purpose of this paper is to provide an analytical review of the key jurisprudence of the European Court and to present the argument that a more conservative approach is being adopted when considering the objective justification defence in dismissals by reason of retirement.

A review approach is adopted in the paper, with a primary focus on recent European Court decisions, whilst appreciating existing literature on the position of retirement cases. Attempts were made to draw together the evidence which suggests a shift in approach to objective justification in this context.

The paper reveals that the approach being adopted in retirement cases appears to be devaluing the age discrimination protections, through allowing individual, subjective reasons to justify less favourable treatment, despite the express wording of the Parent Directive precluding such an approach. It is highlighted that this could have damaging practical implications by placing a much lighter burden on employers when arguing objective justification of retirement dismissals.

The paper's main limitation is that it only considers case law from the European Court, without considering the approach adopted in any of the EU member states, where the eventual approach will be decided. However, this paper provides useful analysis of the approach being adopted in the European Court which is the ultimate interpreter of EU law, whilst questioning whether it is the correct approach.

The paper is the first to examine the shifting approach to objective justification in retirement cases.

The purpose of this paper is to explore the degree to which there have been changes during the recession in the behaviour of employers with regards to their employment of older workers. The paper aims to show that there has been substantial change since the last recession and that there are, potentially, significant developments still occurring.

A small group of employers from a range of sectors were interviewed twice, once at the outset of the (first) recession and once towards its end.

The situation for older workers in employment is better than in previous recessions, mainly because employers are less likely to resort to redundancies for workers of all ages. Instead, a range of flexible working options are being utilised, including flexible retirement and adjustments to work processes. In the main the flexibility was instituted and controlled by the organisations. Employers are looking for alternative strategies to deal with a shift in control over the retirement process as a result of the abolishment of the default retirement age.

The research was undertaken with a small sample, which has implications for the generalizability of the results. Although it would be difficult to further investigate the developments of employer behaviour during the recession, the long‐term implications and the effects of the recession, in particular on older workers, are yet to emerge.

The paper shows a new development in dealing with older workers during a recession.

This chapter discusses how trade union structuring and organisation in the West and Asia shapes how they respond to government and employer pressures to extend working life. Class-based solidarity building in the West should lead to unions protecting employment and pension rights by mobilising members to defend the ‘right to retire’ while campaigning for protections of all older workers. Enterprise unionism in Asia, on the other hand, should mean that unions use their close relationships with government and employers to protect the job security of core employees and mobilise company-based solidarity. Drawing on the survey data, expectations and awareness of union members and non-members are compared in the United Kingdom and Hong Kong. It is shown that British union members have a greater understanding of their employment rights and retirement savings while in Hong Kong union membership correlates with better understanding of company HRM policies.

We discuss workforce management, related to those aged 50+ , in the United Kingdom and the Republic of Korea. With international competitiveness becoming increasingly crucial, retaining the ‘right’ mix of employees to achieve strategic organisational goals is likely to determine organisational success. However, we argue that workforce management is not only influenced by organisational-level strategy but also by national institutional and sectoral policies. Decisions on whether and how to retain older workers are therefore (co-)determined by institutional incentives and barriers to doing so.

We find that British and Korean governments have legislated in favour of extended working lives and, hence, the retention of ageing workforces. In the United Kingdom, pension eligibility ages are being increased and in Korea mandatory retirement age has been raised to age 60. While changes to the UK pension systems leave individuals with the (financial) risks associated with extended working lives, the Korean government tries to protect individuals from financial hardship by enabling them to remain longer in their primary career. However, whether and how government regulation plays out depends on how organisations react to it. The Korean discussion, in fact, shows that there might be leeway: organisations might continue to externalise their employees early framed as honourable, or voluntary, early retirement, which might not be in the interest of the individual but very much in the interest of the organisation. It therefore appears as if the retention of ageing staff is not (yet) considered to be of strategic importance by many organisations in these countries.