Many employees do not wish to stop working just because they reach a certain age. Age is a protected characteristic under the Equality Act 2010, meaning employers cannot discriminate against employees based on age.
It is now increasingly difficult for an employer to ask an employee to retire from their employment unless they can establish that it can be objectively justified. Some occupations however, like the Police and Fire Service, have an age limit set out in law which applies.
In order to establish objective justification the employer must be able to demonstrate:
Objective Justification
To establish objective justification, the employer must be able to demonstrate:
It may be common in roles which require a certain level of mental or physical ability to require a compulsory retirement age, example for physically demanding jobs, so long as the tests above are met.
Your employer may ask you about your potential retirement plans or indeed how long you propose to continue working. In such a situation you are not obliged to inform your employer if you do not wish to engage in such communications.
It is unlawful for an employer to discriminate against an ’employee’ if the reason is connected to, or because of a compulsory retirement age that cannot be legitimately justified.
As employees get older, they may request to work more flexibly or part-time, and employers should consider these requests fairly. It is not an invitation to terminate the employment for the employer.
Employers can still dismiss an employee over 65, but they must have a fair and justifiable reason, such as a legitimate business need or a capability issue. Consultation is extremely important and should be handled delicately and with legal advice to protect the employee’s rights under the Equality Act.
If you need support in how to approach a retirement situation at work, or how to handle a workplace retirement, please Contact Us.
If you want to see us face to face, we run four employment law walk-ins each week at our offices in Leicester and Market Harborough and this initial meeting with you is FREE of charge. We’ll look at your paperwork and advise on the best course of action. We can also meet with you digitally on Teams if you’re in another part of the country, in fact, we advise individuals on their employment legal needs right across the UK.
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