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Retirement

Updating author: Max Winthrop

Summary

  • Employers that compulsorily retire employees, or attempt to pressurise employees to retire, are at risk of direct age discrimination and unfair dismissal claims. (See Overview)
  • The circumstances in which employers can compulsorily retire employees are rare. (See Compulsory retirement)
  • An employer-justified retirement age will apply if the employer can objectively justify it as a proportionate means of achieving a legitimate aim. (See Employer-justified retirement ages)
  • Acas advocates the use of regular workplace discussions for the employer to set out its expectations of the employee's performance and future plans. (See Workplace discussions)
  • Older employees may still voluntarily retire at a time of their choosing and draw any occupational pension to which they are entitled under the scheme's rules. (See Voluntary retirement)