When I'm 64 (you can't make me retire)
Posted by: Simon / 12.08.2010
Though the announcement to end the "default" retirement age of
65 was hardly unexpected (both Tories and Liberal Democrats had
included it in their election manifestos, and it was one of the few
bits of employment legislation announced in the Coalition
agreement) it seems to have caused a bit of a tizz.
While the announcement was welcomed by charities such as Age UK,
professional bodies like the CIPD, and even conservative papers
like the Daily Mail, organisations such as the Institute of
Directors and the CBI have criticised the move. A poll this week of
HR managers by the CIPD suggests that only around a third support
the change, with nearly half against (the remainder were don't
knows - who says HR managers can't make a decision?)
The IoD line in particular was quite bizarre, suggesting that
abolishing something was in fact an increase in red tape and
regulation.
So what is the plan, and how will it really affect
employers?
From October 2011, the default retirement age of 65 will be
abolished. Currently, employers must give employees 6 months notice
of their retirement, so this means from April 2011 there will be no
need to do this. If an employee wishes to retire, all they need do
is give notice (in other words, resign). If they don't, and you as
an employer want to get rid of them, then you must dismiss them for
one of the current fair reasons - conduct, capability, redundancy,
a legal restriction or "some other substantial reason", exactly as
you would for an employee under 65.
While it's not yet clear whether the legal right to request
flexible working after 65 will remain (it seems inconsistent with
the general policy) most smaller employers have a more positive
approach to flexible working requests and whether it's a legal
requirement or not it makes sense to keep this adaptable and open
policy.
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