Q. I employ a lady who is approaching 65 and I would like to retire her. The normal retirement age in my company has always been 65 but I am aware that age equality regulations were recently introduced which may have changed the position. What is the correct procedure?
A. You must give her 6 to 12 months' notice of retirement and, at the same time, you must inform her that she has a right to request to continue working. Should she make such a request, then you must hold a meeting with her to consider what she says. If, after that meeting, you still wish to retire her then you must advise her of her right to appeal. However, following that appeal, if your decision remains unaffected then you can then retire her.
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.
