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Two first class cricket umpires, Peter Willey and George Sharpe, who umpired at 40 international matches between them, have recently lost their age discrimination and unfair dismissal claims against The England Wales Cricket Board (ECB).   The two were forced to retire at the age of 65 in line with the ECB’s compulsory retirement age policy.  

The default retirement age was abolished by government legislation in 2011 and since then employers have only been able to force employees at a certain age if they can show that the policy exists to meet a legitimate aim, and it is a proportionate way of meeting that aim.  

The Tribunal had to consider whether the age at which the policy was set was appropriate and justified.   The Tribunal decided that the age of 65 was justified at the current time.   The ECB’s position was strengthened by the fact that it had an existing written policy in place which set out the policy and the justification for that policy.