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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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my employer has asked if I would take early retirement I am

Resolved Question:

my employer has asked if I would take early retirement I am 56 and have worked here for 33 years and have a house which belongs to my employer to date I have had no contract with them what would I be entilited to
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you happy to take early retirement?
Customer:

yes

Ben Jones :

When someone retires, they are not actually entitled to any extra payments, and will only get their contractual notice period (in your case it must be a minimum of 12 weeks) and any outstanding holidays. This is not the same as redundancy where you would also get a redundancy payment.


 


However, if your employer is asking you to retire early, you now have a good reason to start negotiating with them to offer you an additional payment for agreeing to leave early and giving up any potential redundancy rights in the future. So you could tell them that you are happy to retire but apart from your notice period you would like to receive an additional payment equal to your statutory redundancy entitlement (you can calculate this here: https://www.gov.uk/calculate-your-redundancy-pay). Or you could ask for any other payment you would like to but remember that if they do not agree to pay you then you can’t really force them to. That means if the negotiations fall through and they cannot agree on a suitable package for you to leave, you do not have to leave and they would then have to find another fair reason to terminate your employment because retirement is no longer accepted as a fair reason to dismiss someone.

Customer: so if talks fell through redundancy is the next option has the employer to pay redundancy?
Ben Jones :

if the actual reason for dismissal is redundancy then yes they would have to pay you redundancy

Customer: thank you I will be in touch if I need more advice
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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