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?
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?
The statutory retirement procedure, which required employers to give employees the right to request to continue working, does not apply to employer justified retirement ages following the abolition of the default retirement age. However, where an employer opts to have an employer justified retirement age it must still follow a fair procedure when terminating employment on grounds of retirement. The Acas guidance for employers on working without the default retirement age (PDF format, 344K) (on the Acas website), recommends that, “if circumstances permit”, employers should consider any request by the employee to stay on “as an exception to the general policy”. The guidance makes it clear that it is important for employers to ensure consistency of treatment between employees who make such requests. While it is good practice for employers to consider any requests to stay, there is no legal obligation on them to do so, or to give employees the right to make such a request.
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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?