Updating authors: Julian Hoskins and Sarah Lamont

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Overview
Duty to inform
Request to continue working
Meeting to consider request
Right to be accompanied
Deemed retirement dismissals
Dismissals not deemed to be for retirement
Dismissals that may be for retirement
Fairness of retirement dismissals
Non-discriminatory dismissals
Normal retirement age
Transitional provisions

Summary

9.440

• Where an employer is deemed to have dismissed an employee by reason of retirement, the dismissal will be neither unfair nor age discriminatory provided that the employer has complied with the procedures set out in the Employment Equality (Age) Regulations 2006. (See 9.442 Overview)
• The statutory procedures provide for a duty to inform the employee of the intended date of retirement and a right on the part of the employee to request to continue working beyond that retirement date.