Retirement

There is no default retirement age and many employers choose to allow employees to continue working beyond traditional retirement and state pension ages.

Contact us to discuss your HR requirements or call 01628 820515.

If you can objectively justify a retirement age then this is possible, but objective justification is a tricky thing to do in legal terms. In some jobs and in some European countries case law has established that retirement at a certain age is possible, but these tend to be very physical jobs e.g. firefighters. If a particular organisation has an ageing population it might be possible to justify having a retirement age at e.g. 65 or 70 to allow for the promotion and development of other staff, but such a position will always be open to challenge.  
If an employer wishes to have a fixed retirement age, it must be able to show that the retirement age is intended to meet a legitimate aim; having the particular retirement age meets that aim; and it is proportionate to use that retirement age as a means of meeting that aim.
 
There are a number of possibilities that are regarded as ‘being proportionate’ in meeting a ‘legitimate aim’ but as ever these are very much fact sensitive to the particular circumstances of each employer. If you wish to discuss a retirement age for your business please contact myHRdept. 

All organisations should have a performance management policy in place (myHRdept can supply) and it is entirely possible to performance manage an older person, even to the point where they can be fairly dismissed on grounds of capability.  This is a difficult concept for many employers who wish to balance sensitivity towards an often long service older person and the need to run an efficient business.  You can read a more in depth synopsis around this scenario here. 

Contact us to discuss your HR requirements or call 01628 820515.