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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual
situation you find yourself in. The information posted on this site is for
general information only, is based on |
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Question: |
Can I work beyond my
normal retirement date? |
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Answer: |
Working Beyond the Under the Equality Act 2010 (replacing the Employment
Equality (Age) Regulations 2006), employees can ask to work beyond the
compulsory retirement age (currently 65), and the employer must adopt a
certain minimum procedure to deal with the request. ·
The employer has to write to the employee about retirement no more
than one year months and no less than six months before retirement is due ·
The employer must point out the employee's right to make a request to
continue working longer. ·
Nb this applies regardless of whatever the employee has
already been told in the employment contract, staff handbook etc. The employee has the statutory right to ask not to retire
on the intended retirement date. ·
The employee's request to stay on has to be made between the sixth and
third month before the planned retirement date. ·
The employee has to clarify if the request is being made to stay on a)
indefinitely, b) for a stated period (say two years) or c) till a stated date ·
The request must be made in writing ·
Only one request can be made in relation to any one intended
retirement date The Meeting to
Consider the Request: ·
Unless the employer and employee agree to the request, a meeting must
then be held to consider it. ·
The meeting must be held within a ‘reasonable period’ ·
Both parties must take all reasonable steps to attend the meeting ·
Interestingly there is no longer any obligation on the Employer to
conduct the meeting ‘in good faith’ (without having prejudged the outcome,
and with an open mind) ·
The outcome of the meeting has to be confirmed to the employee in
writing ·
If the employee’s request is rejected, the date of the retirement
dismissal has to be confirmed in writing. ·
The employee has the right to be accompanied by a fellow worker who
may address the meeting on his or her behalf. ·
The contract of employment will continue for all purposes until this
meeting has taken place (if it cannot be held for practical reasons until
after the normal retirement date) In effect, the employer has to go through the motions, but
does not need good reasons to reject the request. The Appeal: ·
The Employee may appeal the decision as soon as reasonably practicable
after the date that notice is given. ·
The notice of appeal by the employee has to set out the grounds for
the appeal. ·
The employer then has to hold an appeal meeting within a reasonable
period of time ·
The employer must give the employee notice of the outcome of the appeal. Often employers may agree to an extension of the
retirement date of (say) 12 months, in which case they have to go through
this process all over again. Last reviewed: July 2010. |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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