Employment rights after 65

 

By Bhavisha Parekh

Employers can no longer force their employees to retire once they are 65 years of age. Employees will now be able to choose the route they wish to take.

If an employer now retires their employee, they can be liable for age discrimination and unfair dismissal.

The employer will have the defence of an employee not being capable of doing their job; however, unless correctly recorded and evidenced, this defence may be very hard to prove at an employment tribunal.

Way forward for an employee

If you feel that you are being ‘retired’ against your wishes then your first step should be to lodge a grievance. A grievance is a formal complaint made to your employer in writing. Every employer should have a grievance procedure in place. Your employer will then respond, taking note of your complaint. The response from your employer may be to grant your request and keep you on, or it may uphold their decision to retire you.

If an employer decides to retire the employee then the employee will be able to appeal the decision. If the retirement is upheld then the employee will have 3 months within which to lodge a claim in an employment tribunal for unfair dismissal and/or age discrimination.

At contact law we have a network of solicitors with extensive experience in all areas of employment law who regularly advise employers and employees of local authorities, housing authorities and private companies on a wide range of employment matters.

If you feel you have been the victim of age discrimination or unfair dismissal then call Caven on 08001 221 2299 and speak to our trained advisors today.

Bhavisha Parekh is one of Caven’s most experienced and knowledgeable telephone advisors.

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