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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Should employers provide their employees with any information about age discrimination? Are long-service awards incompatible with the Equality Act 2010? Where it is a company's policy to give a small gift to employees who have completed periods of service of multiples of 10 years could this be discriminatory under the Equality Act 2010? Can an employee bring a pay discrimination claim on grounds other than sex? Is "last in, first out" still a valid redundancy selection criterion? Will an employer be liable to an age discrimination claim if it makes enhanced redundancy payments? Can employers stipulate in job adverts that applications from individuals who have reached, or are within six months of reaching, retirement age will not be accepted? Can an employer use a mandatory retirement age for workers who are not employees? Is it permissible to increase the frequency of health screenings for employees in line with age? Can an employer ask an employee whether or not he or she has any plans to retire? Can an employer suggest to an employee that he or she consider reducing his or her hours in preparation for retirement?
Although an employer cannot dismiss an employee on the grounds of retirement (unless this is objectively justified), employees can still voluntarily elect to retire from employment. Employers should notify their employees that they can choose to retire and should inform them of the requirement to give the appropriate period of notice under their employment contract. Given that there is no specific age at which an employee may choose to retire, the employer should notify all staff of this option, for example in the company handbook or retirement policy, and provide information on when they will be able to draw their pension benefits.
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