Age Discrimination In Retirement

When am I allowed to retire?

The default retirement age is 65 - this means your employer can retire you at or above 65. If they want to retire you below this age, they will have to justify it.
Employers don't have to have a fixed retirement age, it can be flexible. But when they do retire someone, they have to do it fairly. This means:

They retire you either on or after the default retirement age of 65 (or if they have set a usual retirement age, on or after that) AND
They have to give you written notice of the date for your retirement and explained your right to request to work after that date.

How should my employer notify me about my retirement?

When your employer wants to retire you they must:

Inform you of the date in writing
Inform you no more than one year and no less than six months before the intended retirement date
Inform you of your right to ask to work beyond the retirement age.

How do I ask to work beyond my retirement age?

You can ask to carry on working indefinitely, for a certain period, or until a certain date.

You can ask to carry on working indefinitely, for a certain period, or until a certain date. You have to make the request in writing and no less than three months before the intended retirement date. You can only make one request.
If your employer hasn't formally told you about your intended retirement date, then you can ask to retire any time before the usual retirement age.

What happens when I make my request?

When your employer gets your request, they can either:

Agree to it and just amend your contract
Disagree and hold a meeting for you to put your request in person.

Either you or your employer could also come up with alternatives to retirement, such as a change in working arrangements.

When does this meeting take place?

It must be held a reasonable amount of time after your request.
If this isn't possible your employer can consider your request without you there and inform you of their decision.

What happens at the meeting?

You have the right to bring someone to the meeting with you who is:

Chosen by you AND
Employed in your organisation.

It can be a trade union representative. Your companion will be able to:

Speak at the meeting, although they can't answer questions for you
Consult with you at the meeting.

Your employer must confirm their decision to you after the meeting.

Can I appeal against my employer's decision?

If your employer has followed the process properly and isn't going to let you work beyond the retirement age, you can appeal.
An appeal meeting must be held as soon as possible after you have been told the decision and it can take place after you have been retired.
If you think your employer hasn't followed the process properly you must complain to an Employment Tribunal within three months. This is a very strict deadline, so it's important you complain quickly so you don't lose your chance to do so. A Tribunal may award you up to eight weeks pay as compensation.

This fact sheet will give you some basic information about age discrimination in retirement. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk.

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For more information you can download this fact sheet to read offline or print.