CHANGES to the retirement age, coupled with pressure on firms to shed staff, could lead to an increase in age discrimination cases, a leading employment lawyer has warned.

Following last week's abolition of the default retirement age (dfa) employment lawyer David Gibson said companies needed to judge workers on their ability rather than their age.

Mr Gibson, of Crutes, which has offices in Stockton and Newcastle, was speaking as a number of legal experts have predicted a likely rise in age discrimination cases, both because of the axing of the dfa and the increased number of redundancies caused by the economic downturn.

Mr Gibson said: "There is likely to be an increase with relation to age discrimination cases. Employers need to start looking at performance rather than age.

"The Government has abolished the default retirement age so, as from April 6, employers are going to have to stop looking at someone and thinking they are coming up to 65 and they are not capable because of their age.

"They are going to have to think can this person still carry out their contractual terms.

"People can be richer in experience and still have competence in doing the job."

Even in jobs involving physical labour people could still remain fit and capable of carrying out the work, Mr Gibson pointed out.

He added: "As more claims hit the headlines more people will be aware andmore people will bring claims."

With the potential for people working longer, combined with firms looking to make cuts, Mr Gibson warned it was not only with older workers that age discrimination cases could arise.

He said: "You might have some bright young employee fresh out of college, but if people think they are too young and they start blocking them off from promotion opportunities they can still bring claims."

Under the dfa measures, being phased in between this month and October, bosses will no longer be able to set a mandatory age for retirement except in a few occupations, such as police officers and air traffic controllers.

Graeme Ritzema, a partner and specialist in employment law with Darlington firm BHP Law, also expected claims for age discrimination and unfair dismissal on retirement to increase with the introduction of the changes.

He said: "Employers should review and, if necessary, revise their policies, practices and procedures in relation to retirement in readiness for the new legislation.

"It may still be possible to retire an employee at a set age, but dismissal because of age after April 5 constitutes age discrimination unless it falls within the transitional provisions or the employer is able to show objective justification.

"Retirement will no longer be one of the potentially fair reasons for dismissal."