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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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I am 62 and about to start a new job. However, my employers

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I am 62 and about to start a new job. However, my employer's terms and conditions state that that my employment will end on my 65th birthday. I know that the law now states that I cannot be dismissed on the basis of a fixed retirement age. However, If I sign the Terms and conditions to say that I have read, understood and accepted the terms does this mean that I will not be able to contest this clause later if I intend to work past my 65th birthday.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. No, you can still contest the clause once you reach 65. The contract cannot overrule legislation and the law will always take precedence. In other words, the employer cannot use the contract to go above the law. They can still force you to retire when you reach a certain age but they cannot just do it because of you reaching the age and they need to provide objective justification to ensure they are not acting unlawfully.

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