Interrogating the ‘Dignity’ Argument for Mandatory Retirement: An Undignified Development?

Abstract

Human dignity is often cited as a justification and foundation for equality law. However, it is also used in some contexts to justify detracting from equal treatment, including in relation to mandatory retirement ages in the UK. Drawing on interdisciplinary scholarship from legal theory and industrial relations, this article argues case law on retirement ages adopts a limited approach to the notion of ‘dignity’, which is grounded in age stereotypes. It considers how a re-conceptualisation of ‘dignity’ might inform the future development of the law on retirement ages and proposes alternative ways to secure individual dignity in employment that do not depend on mandatory retirement ages.