If an employer operates an employer justified retirement age, must it give employees the right to request to continue working beyond the retirement age?
There is no statutory procedure that employers must follow when retiring an employee under an employer justified retirement age, 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, 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.