Forced to have new contract for working after 65

Mervyn_King

I reach normal retiring age soon. The firm I have worked at for the past 30 years want me to carry on working after my 65th birthday. I am prepared to do this, however they want to give me a new contract of employment. The firm is teetering on the edge of bankruptcy. If I have a new contract, will I miss out on any redundancy payments with a new contract? Can they force me to have a new contract if I don't want one?

Someone at ACAS said old and new contracts don't matter - it's the continuity of employment that's important and so I wouldn't miss out on any redundancy payments, but they didn't sound too sure.

Can anyone advise please? Thank you for any responses.

getmore4less

Is there an occupational pension some have rules about staying in work.


If there is no break in employment then continuity applies,

what changes do they want to make?

Mervyn_King

I was in the works pension scheme but have now finished and drawing pension in readiness for retirement. Not sure what changes they would want to make - maybe none - but I suspect they think that by starting over with a new contract it will exclude me from any redundancy payments.

isplumm

Hi,

I thought that there was some rule about once over 65 you are not entitled to redunancy???

Most likely wrong - but was sure there was a thread on here about a guy who got sacked / rid at about 70 - was expecting redunancy - didn't get anything .... was not entitled.

Mark

getmore4less

Forced retirement is harder these days not kept up with the details.

My experience with the NHS pension scheme was if you want to draw it you have to "retire" but can return to work but only with a break in employment.
There was also pension clawback if you took it early limiting total income from the NHS.

Letting you draw the pension and continue working might have been an error because now they have to retire you or make you redundant or get you on capability grounds(which can be retirement).

sleepless_saver

I think it used to be that you didn't get redundancy as a right if over 65, but it looks like that has changed and people under 18 and over 65 are now entitled to at least the statutory minimum redundancy pay.

SarEl

isplumm wrote: »

Hi,

I thought that there was some rule about once over 65 you are not entitled to redunancy???

Most likely wrong - but was sure there was a thread on here about a guy who got sacked / rid at about 70 - was expecting redunancy - didn't get anything .... was not entitled.

Mark

There is a difference between being made redundant because there is no job, and being dismissed for capability because you cannot do the job - whatever age you are at.