Enforced retirement

retirement

 

Overview

The exemption which allowed enforced retirement of employees at the age of 65 or over (in Regulation 30 of the Age Regulations 2006) has been abolished by the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011. It is now unlawful to require a person to retire by reason of age unless the requirement can be justified as a proportionate means to achieve a legitimate aim –  Employment Equality (Age) Regulations 2006.

Enforced Retirement

If your employer requires you to retire because you have reached the age of 65 or over it is an unfair dismissal unless certain conditions are fulfilled. Your employer must give you 6 months’ written notice including information about your right to request that your employer defers your retirement. If the conditions are not fulfilled then even though retirement takes place on or after you have reached the age of 65 your employer would be liable to a penalty (generally a minimum of 4 weeks pay) and the enforced retirement could be an unfair dismissal.

 

 

Resources Available

 

Schedule of loss cover   cilinniesays_2 b  cilinniesaysebook121515b   cilinniesays_1 b

 

 

 

Discrimination at work

How to use the discrimination questions procedure

How to write a grievance about discrimination at work

Template Letter Before Claim

How to Prepare a Schedule of Loss for the Employment Tribunal

Schedule of Loss Spreadsheet for unfair dismissal

Schedule of loss spreadsheet – Discrimination

 

A Schedule of Loss is very important for your Employment Tribunal claim. It is a document which tells the Employment Tribunal how much you think you should be paid if you are successful.  The Employment Tribunal will usually order you to show how you have calculated each amount you are claiming for your losses. This guide is specifically for unfair dismissal claims and takes you through step by step instructions on how to complete your schedule of loss. It comes with templates, calculators and resources to help you get it right.

The accompanying Excel Spreadsheet has been developed specifically for an unfair dismissal claim. It accompanies the Guide of the same name to calculate your Basic and Compensatory Award with precision. Your heads of loss are easy to calculate with formulas for adjustments such as the ACAS uplift and grossing up options at a nominal 20% or 40% tax rate built in.

 

Best of the web

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ACAS on Retirement

Age UK on Retirement

Forced Retirement

 

Disclaimer

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication.

Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to thelawyers@employeerescue.co.uk for such specialist advice if required.
 

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