Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
How long has she worked there for? Please note I am mobile today so may not be able to reply until later today thanks
Thank you. If she was to retire early would she get any benefits from the employer?
SO if she leaves voluntarily will she be able to access her workplace pension?
Yes of course, I would do the same. So a person can retire early at any time but whether they can draw any of their pensions will depend on various factors, such as whether they have reached the State Pension Age for the State Pension, or if they meet the criteria to draw any occupational pension scheme.
In terms of the employer giving the go ahead themselves to allow the early retirement, that would depend on any internal policies and what they say, plus whether the relevant criteria have been met. They say that she has not been off long enough and that is not a legal requirement so they may be relying on some internal policy and you can ask them to point you to it to verify if that is the case.
If there is no dedicated policy which provides for a minimum period of sickness for them to allow early retirement, you can challenge them that they are not relying on any legal provisions and that they have made up their own rules.
Does this answer your query?
All the best