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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?
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?
An employer that does not retain an employer justified retirement age (EJRA) will be able to carry out individual retirements if it can justify them on a case-by-case basis. However, it will be more difficult to justify a retirement where the employer does not consistently apply an EJRA to all employees in similar roles.
The employer would have to show that retiring the employee at the particular age is a proportionate means of achieving a legitimate aim, such as health and safety. This will be more difficult to establish for individual employees if other employees routinely work past that age.
If the reason for the “retirement” is the employee’s performance or capability, the employer should use its capability procedure, rather than attempt to justify a retirement dismissal.
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