Loophole in abolition of default retirement age regulations

The draft DRA regulations recently published suggest that those who reach 65 before 6 April are not covered by the new legislation, and cannot be made to retire. The wording specifies that people reaching the retirement age during the April to September transition period can be served with a retirement notice before 6 April, and compelled to retire in September.  It is now being highlighted that this does not apply to those already over 65 years of age.  Notices already issued may have to be rescinded.

Employers are concerned that if they had known about this in time they could have issued retirement notices to their employees who are already over 65, and retired them before the regulations come into force.  But now it seems that those who may be much older will be protected, while those just becoming 65 in the 6 month period will not be.