Buddy says: It is important to be aware that the duty to consider procedure does not give an employer a right to renegotiate an employee’s terms and conditions of employment.  The individual employee’s consent is required prior to any such change. 

If an employee wishes to stay on beyond their retirement age, they are entitled to do so on the same terms and conditions (including benefits) that they are currently on. 

Employer information: Although the legislation does not give employers the right to renegotiate an employee’s contract of employment in these circumstances, this does not prevent you from meeting with the employee in question to discuss whether they would be prepared to accept a change in his / her terms.  However, it is important that any such discussions are managed carefully to prevent a potential age discrimination claim. 

Whether the employee will agree to the change will very much depend on the changes to his /her contract that you are proposing.  If it is unlikely that the employee will agree to the proposed change, you must make sure that the duty to consider procedure is followed before proceeding to retire him/her to avoid any future tribunal claim/s being brought.