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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.
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?
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?
An employee’s age is unlikely to be a relevant factor for an
employer to take into account when setting targets or assessing performance.
Employers should be aware of the risk of age discrimination if, for example, a
younger employee is set a more challenging target than a comparable older
employee. Employers should treat employees of different ages fairly and
consistently; any more favourable treatment of one age group over another must
be objectively justified to avoid unlawful age discrimination.
If an employer has concerns about an employee’s performance, it
should address these using the appropriate procedure, regardless of the
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