Q. I employ a worker who is rapidly approaching retirement age (which is 65 age at my firm) and I have made arrangements to replace him when he gets there. However, I have read that the government are currently reviewing the age equality regulations and so I need to act quickly. Could you please tell me what the current rules are, so that I can deal with the situation before the rules change?
A. You must give him 6 to 12 months' notice of retirement and, at the same time, you must inform him that he has a right to request to continue working. Should he make such a request, then you must hold a meeting with him to consider what he says. If, after that meeting, you still wish to retire him then you must advise him of his right to appeal. However, following that appeal, if your decision remains unaffected then you can then retire him.
Q. I have another employee who is only 61 and I would like to retire him as well. Does the above procedure work for him too?
A. No. As your business operates a normal retirement age of 65, retirement cannot be the reason for his dismissal and he could bring a claim for unfair dismissal if you proceeded on that basis.
Employment issues can be complex with much depending upon the circumstances of each individual case. For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Be Guided by the Experts.
