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.  (See 9.443 Duty to inform and 9.444 Request to continue working)
• The employer is under a duty to consider the employee's request and must normally arrange a meeting, at which the employee has the right to be accompanied. The employee has a right of appeal against a refusal to grant his or her request. (See 9.445 Meeting to consider request and 9.446 Right to be accompanied)
• Transitional provisions govern retirement dismissals occurring between 1 October 2006 and 31 March 2007. (See 9.453 Transitional provisions)

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Future developments

9.441 Challenges to national/compulsory retirement age: In August 2007, the High Court referred a challenge to the Employment Equality (Age) Regulations 2006 (SI 2006/1031) to the European Court of Justice (ECJ). The case was brought by the National Council on Ageing, which operates under the names Heyday and Age Concern.