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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work small company where i am also an executive director.

Customer Question

I work for a small company where i am also an executive director.
The CEO who owns the company has asked me to retire having previously given permission to work beyond retirement age. I am now 73.
What are my options?
Regards
***** *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are you keen to stay on?
Customer: replied 1 year ago.
OK
Expert:  Ben Jones replied 1 year ago.
Are you keen to stay on working with the company?
Customer: replied 1 year ago.
Yes but would consider doing less days
Customer: replied 1 year ago.
Cant talk on telephone at the moment
Customer: replied 1 year ago.
Are you still there
Expert:  Ben Jones replied 1 year ago.
Yes but I need to get my response ready
Customer: replied 1 year ago.
ok thanks
Expert:  Ben Jones replied 1 year ago.
Retiring an employee because they have reached the retirement age of 65, or any other age for that matter, is now unlawful. The Default Retirement Age was abolished in April 2011 and since then employers have been unable to forcefully retire employees due to their age. So whilst employers can no longer regard 65 as the "safe" age at which to retire employees, they will instead have to show objective justification for dismissing by reason of retirement. Whether employers keep fixed retirement ages or decide when to retire people on a case-by-case basis, they will have to objectively justify the decision to retire. This will require identifying a legitimate aim being pursued and showing that the means used to pursue it are proportionate. This is your basic legal position. I have more detailed advice for you in terms of the possible reasons the employer could try and rely on, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Are they still required to give me 6 months notice
Expert:  Ben Jones replied 1 year ago.
What reasons would qualify as being objectively legitimate will very much depend on the circumstances and will evolve through case law with time, but as an example they could include:· Workforce planning· Promoting the recruitment and retention of younger employees· Contributing to a pleasant workplace and protecting the dignity of older workforce by not requiring them to undergo performance management procedures· Protecting against incompetence· Ensuring a high quality of service· Having an age-balanced workforce, as this can promote the exchange of experience and innovation, and therefore contribute to the quality of the work· Avoiding adverse impact on pension and benefits, that is, the increased cost of extending such benefits to older workers So whilst dismissal purely because an employee has reached a certain age is no longer possible, there are still age-related reasons which an employer can use to dismiss an employee, provided they are considered reasonable in the circumstances. If they do go ahead with the retirement then you are still entitled to get your contractual notice period so if that is 6 months the yes, you need to be given that notice before they can terminate your employment.
Customer: replied 1 year ago.
Thank you
Most helpful
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best