Ask an Expert - Employees over 65
Ask an Expert - Employees over 65
Q: A number of our employees are over the age
of 65. One of these employees has requested to
continue working beyond 65 indefinitely.
Under current legislation, there is no requirement
to provide a reason for retirement, but she has
already stated that “she will take us all the way”
if we insist on her retiring. If she does take us to
tribunal, will it be our responsibility to prove that
the termination of employment was etirement,
and not related to her conduct or performance, to
defend a claim that the dismissal is automatically
unfair?
A: The duty to consider procedure, as introduced by
the Employment Equality (Age) Regulations 2006,
obliges an employer, when a valid request to continue
working is received, to hold a meeting with the
employee “within a reasonable period” to discuss the
possibility of continued working, provide a decision
as soon as is reasonably practicable after the meeting
and allow a right of appeal against any refusal.