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.


Can an employer use a mandatory retirement age for workers who are not employees?

What is the timetable for the abolition of the default retirement age?

How will employers deal with retirement after the abolition of the default retirement age?

Can employers operate a compulsory retirement age?

After the abolition of the default retirement age, how should employers deal with employees over 65 who are underperforming?

After the abolition of the default retirement age, employers have to justify objectively having a compulsory retirement age. What does this mean?

How has the abolition of the default retirement age affected employment tribunal claims in relation to retirement?


Can an employer ask an employee whether or not he or she has any plans to retire?

While it is not unlawful for employers to ask employees about their plans for retirement, for example for the purpose of planning their future workforce requirements, employers should be aware of the risk of age discrimination. They should avoid questions that suggest that they are putting pressure on the employee to retire. Acas guidance on working without the default retirement age (PDF format, 344K) (on the Acas website) advises that, instead of asking expressly whether or not an older employee has plans to retire, employers should consider asking employees about their future aims and aspirations, as a good way of raising the issue of retirement. Acas suggests that these discussions can be carried out as part of a regular appraisal process. To avoid claims of age discrimination, employers should not limit workplace discussions of this type to older workers.

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Can an employer suggest to an employee that he or she consider reducing his or her hours in preparation for retirement?

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

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

What should an employer do if an employee indicates that he or she wishes to retire?

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

Can an employer agree with an employee that he or she will retire at a particular age?

What can an employer do if an employee indicates that he or she wishes to retire but then has a change of mind?

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?

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

If an employer operates an employer justified retirement age, must it give employees the right to request to continue working beyond the retirement age?

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

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?

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