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?

No, if the contract of a worker is terminated on reaching a certain age, regardless of what that age is, the worker will be able to argue that he or she has suffered direct age discrimination. The employer will need to be able to justify the termination objectively if it is to avoid liability, ie by asserting that the termination on age grounds was a proportionate means of achieving a legitimate aim. A worker who is not an employee (for example an independent contractor, agency worker or partner) will not, however, be able to claim unfair dismissal, because that claim depends on the individual being an "employee".

Following the removal of the default retirement age, employers must also be able to justify objectively a mandatory retirement age for employees, if they retain one.

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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?

Should an employer notify its employees that they can choose to retire?

Should an employer take into account an employee’s age when setting targets or assessing performance?

If an employer does not retain an employer justified retirement age, can it retire employees if this is justified on a case-by-case basis?

How should an employer that is no longer using a compulsory retirement age amend its policies as a result of the abolition of the default retirement age?

What procedure should an employer follow if it wants to retire an employee after the removal of the default retirement age?

How can an employer know whether or not its retirement age can be objectively justified?

What should an employer do if an older employee requests to change his or her working pattern in preparation for retirement?

Can an employer offer a pre-retirement course to employees when they reach a certain age?

Can an employer stop providing group risk insured benefits such as life assurance or private medical cover to employees when they reach a certain age?

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