Retirement

The regulations set a default retirement age of 65 (anticipated to be abolished shortly). A retirement dismissal may be unfair:

• If I it takes effect on or after the default retirement age (or on or after the employers normal retirement age if there is one), and
• where the employer has not given the employee written notice of the date of their intended retirement and informed them about their right to request to continue working.
• If the employers normal retirement age is below the age of 65, it must be objectively justified.

For the retirement to be classed as fair, employers will require to have informed the employee in writing of their intended retirement date and of their right to make a request to work beyond retirement age at least six months in advance (but no more than 12 months before the intended date). If such a request is made, employers will require to hold a meeting with the employee in order that a decision is made prior to the individual’s retiral date.