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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50164
Experience:  Qualified Employment Solicitor
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I work small company where i am also an executive director.

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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?
***** *****
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 2 years ago.
Are you keen to stay on working with the company?
Customer: replied 2 years ago.
Yes but would consider doing less days
Customer: replied 2 years ago.
Cant talk on telephone at the moment
Customer: replied 2 years ago.
Are you still there
Yes but I need to get my response ready
Customer: replied 2 years ago.
ok thanks
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 2 years ago.
Are they still required to give me 6 months notice
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 2 years ago.
Thank you
Most helpful
You are welcome, all the best