Frequently Asked Questions: Equality and diversity

This is a new procedure for any compulsory retirement of employees at any age.  It allows employees to request working beyond a compulsory retirement age.  If the employee makes such a request, the employer will have to consider it seriously.

Under this procedure an employer wanting to retire any employee will have to:

(a) notify the employee in writing not more than 12 months and not less than 6 months beforehand of the intended date of retirement; and

(b) tell the employee of the right to request working beyond the intended retirement date.

If an employee makes a request, the employer will have to consider it seriously.  There are a number of steps involved:

(a) the request can be made between 12 months and 6 weeks before the notified date of retirement;

(b) the employer must hold a meeting with the employee to discuss it;

(c) the employer must notify the employee of the decision within 2 weeks of the meeting.  Employment will continue until this has been done, even if it is after the notified date of retirement;

(d) the employee will only have 2 weeks to appeal to the employer.  If the employee does appeal, the appeal meeting can take place after retirement has taken effect.

NB: The duty to consider is procedural, not substantive.  There is no obligation on an employer to give an employee a reason for refusing a request.

The "duty-to-consider" will be modelled on the existing right to request flexible working, which applies to parents of young children.  Failure to consider a request not to retire will be compensation of up to eight weeks' pay.

NB: If the employee has made such a request, failure to comply with the duty-to-consider procedure will be an automatic unfair dismissal if the non-compliance is "wholly or mainly attributable to failure by the employer".