Frequently Asked Questions

Retirement and age discrimination

 

 

 

 

Q Can I be forced to retire when I'm 65?

A Patricia Hewitt, whilst she was the UK trade and industry secretary before becoming Secretary for Health, made the highly contentious bill which enabled employers full rights to force staff to retire at 65 following an emphatic victory by business groups over trade union and age lobbyists who had called for a ban on compulsory retirement upon implementation of a European Union directive tackling discrimination. (This has since changed under the Age Discrimination Act which came into force October 1st 2006)
 


 

Q Can I be forced to retire under the age of 65?
A Employers have the right to terminate contracts once you're 65 but can't force you to retire under the age of 65.

 

 

Q My contract retires me at age 60. Do I have to retire then?

A No. If your employer tries to force you to retire under the age of 65 (“the default retirement age”), it will be unlawful direct discrimination, unless they can fully justify it. It is only likely that an employer will only be able to justify retirement at below 65 in exceptional circumstances. This part of the contract would be void as it would be unlawful under the regulations.

 

 

Q But my contract and employer states I must retire at 60. What now?

A Your employer is acting unlawfully and the written part of the contract would be void.

 

 

Q My employer has told me I have to retire because of my age. Is this true?

A Whilst many people do continue to work beyond normal retirement age, this is at the discretion of the employer, and the current statutory retirement age is 65. However, since Age Discrimination became law, you do have legal protection from unfair dismissal.

 

 

Q Is there a statutory minimum redundancy payment over the age of 65?

 A There is  no statutory minimum redundancy payment if you're over 65, and you may receive nothing if made redundant after this age unless your employer has more generous redundancy agreements than the statutory minimum.

Some employers set a lower normal retirement age, which would have the same effect as the statutory retirement age, so you should check your contract and staff handbook if you think this could be the case.



 

Q I feel discriminated against because of my age?

A Since the Age Discrimination Act 2006 came into force, there has been a ban on age discrimination in recruitment, promotion and training so to to give people of all ages an equal opportunity. There has also been a  removal of the upper age limit for rights to redundancy pay and protection against unfair dismissal, and a duty on employers to consider an employee's request to continue working part-time after retirement following 65th birthday.
 


 

Q Do Over-65s have the same protection against unfair dismissal as younger workers

A Yes. Forced retirement before the age of 65 and age discrimination in recruitment, promotion and training is banned under the Age Discrimination Act 2006 regardless of age.

 

 

Q Have new measures be introduced against age discrimination?

A New regulations came into force on 1 October 2006, thus bringing UK laws into line with those in the USA and in most other European Union countries. This has ensured the UK complies with the European employment directive on age discrimination.

 

 

Q How much notice must my employer give me to retire?

A Your employer must give you at least six months notice. Employers will also have to consider requests from their employees to work after the age of 65.

 

 

Q What does the age discrimination law mean?

A  Workers cannot be sacked for being too old or too young, as long as they are under 65 and everybody has the right to request that they work beyond age 65.
Employers will have to give all staff six months notice of when they expect them to retire
Ageist recruiting practices are outlawed under the Age Discrimination Act 2006 and employers will have to treat all workers equally when it comes to training, regardless of age.