因退休原因而被解雇的65年或以上雇员的例外情况也存在，这是雇主的正常退休年龄[ 18 ]。歧视在这种情况下是不违法的[ 19 ]。这也适用于在工作申请后六个月内达到雇主正常退休年龄的申请人（如果雇主没有正常退休年龄（20）），或年龄为65岁。至于65岁以下的强制退休，除非雇主客观上证明是合法的，否则是违法的。雇主有责任按规定考虑雇员要求继续退休以外的工作（事实上，雇主会鼓励雇用超过退休年龄的个人）。这被称为“考虑义务”条款。雇主有义务向雇员提供拟退休日期的书面通知，并有权要求在退休日期前至少6个月（但不超过12个月）继续工作。如果雇主未能遵守本规定，受影响的雇员会在劳资审裁处提出申索。
An exception also exists where an employee of 65 years or above is dismissed for reason of retirement and this is the employer’s normal retirement age. Discrimination in such circumstances is not unlawful. This also applies to an applicant who would attain the employer’s normal retirement age within six months of his job application (or the age of 65 years if the employer does not have a normal retirement age). As regards compulsory retirement below the age of 65 years, this will be unlawful unless it can be objectively justified by the employer. Employers are under a duty by the Regulations to consider requests by employees to continue to work beyond retirement (and indeed, employers will be encouraged to employ individuals beyond the default retirement age). This is referred to as the ‘duty to consider’ provision. An employer is under a duty to provide an employee with written notification of their intended date of retirement, along with their right to request to continue working, at least 6 months (but not more than 12 months) prior to the proposed retirement date. In the event that an employer fails to comply with this, an affected employee would be able to bring a claim in the Employment Tribunal.