Ian Pettifer, Employment Solicitor, Tayntons LLP, Gloucester, 10-point plan to implement fixed retirement age

29th March 2011 17:21

With the repeal of the national retirement age on Wednesday 6 April 2011, many businesses will still want to have a fixed retirement age.  Ian Pettifer, Employment Solicitor, Tayntons LLP, Gloucester has set out a 10-point plan for businesses highlighting the legal hurdles they will have to jump, in order to implement a fixed retirement age, after the new law comes into force.

If an employer wants to keep a fixed retirement age, then they must:- 

1. Show that a real business need (which is legitimate and not ageist) is being met by retirement
2. Show that having the particular retirement age they have chosen to implement meets that aim
3. Carry out a balancing exercise, weighing the discriminatory effect of a fixed retirement age against the benefits achieved for the business
4. Show that it is proportionate to use that retirement age as a means of meeting that aim
5. Consider whether the aim can be met by less discriminatory means
6. Have in place an annual appraisal system and ask questions about the short term, medium term and long term plans of each employee using open questions
7. Give every employee who they are retiring adequate notice of impending retirement
8. Give consideration to any request by the employee to stay beyond the fixed retirement age
9. Put in place a written retirement policy which clearly sets out the justifications for having retirement ages and, sets out the procedure to follow
10. Review and update that policy at least annually

 For further information and advice, contact Ian Pettifer on 01452 509080 or email ian.pettifer@tayntons.co.uk