Q. As an organisation we hire staff of all ages and we have a number of employees who are over 65. We didn’t go through the statutory retirement procedure when they turned 65, so how do we go about retiring them now?
A. As long as you still follow the statutory retirement procedures, it is still possible to retire someone even when the retirement date has passed. The process is as follows:
• write to the employee giving them six months notice of an intended retirement date
• inform them that they have a right to request to work beyond this date
• consider any request to continue working
• give them the right of appeal if you refuse their request
We advise that you do not give reasons for why you are turning down their request; retirement is a fair reason for dismissal and attempting to justify the decision could lead to a number of problems from causing offence to risking a potential tribunal claim.
If you have a topic that you’d like us to cover in a future update, please let us know by emailing us at Adviceline@vizualhr.com.
The information contained above is for guidance only and represents our understanding of employment law and employee relations issues as at 8th February 2010. VizualHR cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be sought on any individual matter.
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