Forced Retirement @65 Advice Please...

redwine2a

My partner is being forced to retire at 65 and she wants to continue work. Is there a case for unfair dismissal given the following employer actions:

Notice of intention of retirement dated: 8-12-2009

Meeting with employee manager: 28-01-2010

Notice of retirement dated: 04-02-2010

Partners 65th = 01-03-2010

Is anyone up to speed on the present company law in this respect?

Many Thanks
Joe

mjm3346

A couple of snippets

"The law currently includes a default retirement age of 65 for employers who believe they need to set a retirement age."

"existing employment equality regulations do give employees the right to formally request to carry on working beyond 65"

It is extremely likely that the age will be removed or raised but not soon enough for your partner.


Bit of stuff here about procedures that should be followed

http://www.thisismoney.co.uk/pensions/article.html?in_article_id=497231&in_page_id=6

ohreally

You say she's being forced to retire, has she asked formally to work beyond retirement age?

redwine2a

mjm3346:
Link saved will look at tomorrow. Thankyou.

ohreally:
Yes, she actioned the 'request to stay on', notified immediately after the employers 'notice of intention[8-12-2009]'

Joe

ohreally

Appeal the decision.

Point out to management the case to retain her skills and knowledge that would be sorely lost to the employer due to her being retired.

Also highlight her fitness to continue working and any support which could come from other members of management/ supervisors.

woody01

redwine2a wrote: »

My partner is being forced to retire at 65 and she wants to continue work. Is there a case for unfair dismissal given the following employer actions:

Notice of intention of retirement dated: 8-12-2009

Meeting with employee manager: 28-01-2010

Notice of retirement dated: 04-02-2010

Partners 65th = 01-03-2010

Is anyone up to speed on the present company law in this respect?

Many Thanks
Joe

The law is:
She can be made to retire at retirmenet age. Once she is notified by the company that she is required to leave because of this, she must request to stay on and give reasons why.
The company can then decide to extend her employment.
However!
The company has absolutely no obligations to retain anyone over retirement age.
It also make no difference legally about how well qualified, how fit, gow dependable etc she is.
Once you hit the magic number and the business in question wants you gone, thats it with no recourse.

anamenottaken

redwine2a wrote: »

My partner is being forced to retire at 65 and she wants to continue work. Is there a case for unfair dismissal given the following employer actions:

Notice of intention of retirement dated: 8-12-2009

Meeting with employee manager: 28-01-2010

Notice of retirement dated: 04-02-2010

Partners 65th = 01-03-2010

Is anyone up to speed on the present company law in this respect?

Many Thanks
Joe

I believe they have to give notice of at least 6 months and no more than 12 months. So looks as though she can be retired no earlier than 8 June 2010.

woody01

anamenottaken wrote: »

I believe they have to give notice of at least 6 months and no more than 12 months. So looks as though she can be retired no earlier than 8 June 2010.

Sorry but that is wrong.
It is up to the individual to request to work on after retirement age.
If this request is not made, the company is allowed to assume that retirement is at the correct age.

Mudd14

But they must still follow the dimissal procedure which would be giving at least 1 weeks notice for every years service. Or they must pay in lieu of notice.

Sorry but really you dont have much chance apart from putting in the request to work behond retirement and appealing the decision. But lets face it both are unlikely to happen if they are forcing their policies on retirement already.

zzzLazyDaisy

This link may help. There is a reference in the article to a legal challenge - that was the heyday case which is currently before the ECJ to challenge forced retirement at 65yrs, but the advocate general has already indicated that in his opinion this is lawful, so the case is unlikely to succeed.



http://www.ageconcern.org.uk/AgeConcern/age_discrimination_8.asp





This is an extract from the article which may be of interest to you....



What if you are given less than six months’ notice of your retirement‚ or your right to request staying on?
If you’re given less than six months’ notice of your retirement date‚ or of your right to request not to retire‚ you can claim up to eight weeks’ pay at the Employment Tribunal (this is currently limited to a maximum of £330 per week)‚ so the maximum total compensation is £2‚640 (figures correct as at March 2008 - the compensation limits usually go up every February).

• If your employer fails to give you at least six months’ notice‚ they should still tell you about your right to request to continue working‚ as soon as possible.
• If they give you less than two weeks’ notice‚ the retirement will automatically be an unfair dismissal.

anamenottaken

woody01 wrote: »

Sorry but that is wrong.
It is up to the individual to request to work on after retirement age.
If this request is not made, the company is allowed to assume that retirement is at the correct age.

If the company don't have to give notice about retirement, why are so many organisations doing just that? Would your advice to such companies be that they should just say, "Here's your final pay for the month you have just worked: enjoy your retirement."?

What's "the correct age"? How is that defined?