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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ive worked same company years never taken 1

Customer Question

ive worked for the same company for 15 years never taken 1 day of sick i am now 68 and they ere trying to retire me with a 2,500 pay off can they do this
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is it retirement they are trying to go down is redundancy or other reason?
Customer: replied 2 years ago.

for ben jones it is retirment

Expert:  Ben Jones replied 2 years ago.
Thank you for your response I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. 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
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. The employer is still required to follow a fair procedure and consult with you, not just select you for so called retirement and offer you a payment. If they cannot justify the above requirements or that the dismissal is in some way lawful, that would most likely amount to unfair dismissal and/or age discrimination. You are able to challenge them directly at first, such as by raising an internal grievance. If they end up terminating your employment you can consider taking this to an employment tribunal within 3 months of the dismissal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.