Retirement

Age Discrimination legislation now obliges employers to follow a special retirement procedure in all cases. It also entitles you to seek to work beyond the age of 65, if you wish to.

The legislation sets a retirement age of 65. Any retirement which takes place at or after the age of 65 will only be lawful if your employer has followed a set retirement procedure. If your employer sets a retirement age of under 65 it must be able to justify this.

Your employer must advise you in writing  not more than 12 months and not less than 6 months before the intended retirement date that it intends to retire you on that date. The notice should advise you of your right to request that your employment continues beyond that date.

If your employer has failed to give you proper notice of your intended retirement you may be entitled to compensation of up to eight weeks pay together with compensation for unfair dismissal.

If you want to continue your employment beyond the intended retirement date you must make a written request to stay on. The request must be made not more than 6 months and not less than 3 months before the intended retirement date and should make it clear whether you wish your employment to continue indefinitely or for a fixed period.

Once you have made your written request your employer must meet with you to consider your proposal and within a reasonable time of the meeting give you written notice of its decision. If the employer doesn’t agree with your proposals you may appeal its decision.

If your employer fails to consider a request to continue working, or fails to follow the proper procedure your dismissal will be unfair and you will be entitled to compensation.

If your employer has ignored your rights then any claim to the employment tribunal must be made within ** so its important that that you contact us immediately.