Can an employer use a mandatory retirement age for workers who are not employees?
How can an employer know whether or not its retirement age can be objectively justified?
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?
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?
To justify a compulsory retirement age the employer must be able to show that it is a proportionate means of achieving a legitimate aim.
“Proportionate” means that:
- what the employer is doing is actually achieving its aim;
- the discriminatory effect is significantly outweighed by the importance and benefits of the legitimate aim; and
- the employer has no reasonable alternative to the action that it is taking.
An aim could be “legitimate” if it relates to, for example:
- economic factors such as the needs of and the efficiency of running a business;
- the health, welfare and safety of the individual (including protection of young people or older workers); or
- the particular training requirements of the job.
The employer must show that it is justified not only to have a compulsory retirement age, but also to set the retirement age at the particular age in question. It is likely that a compulsory retirement age will be objectively justified only in exceptional circumstances.
It will be for courts and tribunals to decide whether or not a retirement age is objectively justified, based on the facts of each individual case. Therefore, there will inevitably be uncertainty for employers as to whether or not their own retirement age is justified. This will be confirmed only if an employee challenges it at a tribunal or court. Employers should be cautious about relying on a compulsory retirement age, and should do so only where there is strong evidence for justification.
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?
XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation