The government has promised to amend a ‘crucial error’ in its transitional provisions for abolishing the default retirement age, following Law Society warnings that the current drafting could put employers at risk of unfair dismissal claims.

The Society wrote to Edward Davey, minister for employer relations at the Department for Business, Innovation and Skills, to inform him that the transitional arrangements created uncertainty in relation to employees who will reach 65 between 6 April and 30 September this year, who may already have been given notice by employers that they must retire at 65.

The drafting meant these employees may be able to sue for unfair dismissal, on the basis that the transitional arrangements that give protection to employers did not apply to them.

Davey said he was aware of the concerns raised by lawyers, and would amend the provisions to ensure that it included this group of employees.

The Society said this meant a ‘crucial error’ would be corrected.