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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact buddy@clarkslegal.com. Click here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.
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  Discussions  Buddy's question time  Age discriminat...
 Age discrimination - retirement
 
Kate_Atkinson
99 posts
Joined
1/4/2006
Age discrimination - retirement
Posted: 17 Jul 07 2:57 PM
This week buddy was asked: An employee is approaching his 65th birthday and we wish him to retire. Can we force him to do so and if so what procedures must we follow?
Sarah_Ireland
38 posts
www.employmentbuddy.com
Joined
10/2/2006
Re: Age discrimination - retirement
Posted: 25 Jul 07 9:56 AM
Buddy says: Employment Equality (Age) Regulations 2006 state that compulsory retirement before the employee reaches 65 is unlawful (unless objectively justified). Once the employee reaches 65 you can get them to retire. However if the employee wishes to carry on working he can submit a request.  The request MUST be considered by the employer, although they do not have to grant it. 

 

The employer must make sure they follow the statutory procedure to ensure the retirement dismissal is fair. This includes informing the employee of his right to request a continuation of work. This must be done at least 6 months, and not more than 12 months, before the expected retirement date.  The intended date of retirement must also have been given to the employee at this time.

 

Additional Information

 

ACAS have advised that it is good practice to inform the employee of why his request has been refused, so that they can leave with dignity, and to maintain good working relationships with your staff.

 

If you fail to notify the employee of their rights you can be liable to pay compensation.

 

Failure to properly consider requests to continue in employment makes the dismissal automatically unfair. When considering the request you must meet with the employee and discuss it with them, unless you are happy to accept their request.

 

The employee has a right to be accompanied by a colleague. (This colleague can be a trade union representative so long as they are employed by the same employer as the person who is requesting the continuation of work.) The employee can appeal against any decision made. Where a dismissal is by way of retirement the usual statutory dismissal procedure does not apply.

 
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