For many years the retirement age for men was set at 65, and for women at 60. This has now been phased out and most people can continue to work for as long as they want to.
Rather than being a compulsory deadline to the term of your employment, retirement age is decided by the employee. Most businesses no longer set a compulsory retirement age, and if someone chooses to work on, they cannot be discriminated against by the employer.
The exceptions to this arise when an employer can justify clearly why someone over a certain age cannot continue to fulfil the role in question.
The discussion between the employer and the employee regarding retirement should be started by the employee. It may not merely be a matter of setting a date, but could include plans to phase retirement through flexible working, part-time working etc.
If you are a member of an occupational pension scheme you should also talk through your options regarding your retirement with the pension scheme’s manager, as taking on a programme of flexible working in order to phase your retirement in gradually may have implications for your pension. Many schemes now incorporate phased retirement support, but some may not, so it’s important that you enquire as to what your won pension scheme includes before you make a firm decision.
If you ask your employer to permit a phased retirement, or to allow you to work flexibly the employer may not allow this. If, however, you are unhappy with the decision your employer gives you, you may have a right to take the matter to an industrial tribunal for arbitration.
It might not occur to you, but in fact retirement is not very different from resignation, and therefore there are procedures that must be followed if the process is going to run smoothly.
As ever, if you are unsure as to your rights and you feel that you are not getting the right information or help from your employer, our offices in Wolverhampton and Birmingham are at your disposal. Khan McKenzie Solicitors have an outstanding track record in dealing with issues relating to employment and retirement, so you can be assured that you will be getting the very best advice.
It should be noted that retirement age is nothing to do with your eligibility to receive your state pension; the age for receipt of the state pension will be somewhere in the range 61 to 68, depending on your date of birth.
If you want to carry on working beyond what might have once been seen as the retirement age and your employer tells you that this isn’t possible you should require him or her to provide you with justification of their decision. Failure on their part to provide this constitutes age discrimination and you may have grounds for taking the matter to an industrial tribunal.
As with all matters that are not necessarily clear cut, it is always a good idea to seek professional advice before a matter such as this is finally settled. If you feel that you may have grounds to take your employer to a tribunal but feel that you are unable or unprepared to take this task on unsupported, then Khan McKenzie. Solicitors may be able to act as advocates on your behalf. Call us if you have any questions about this process or about anything to do with your retirement. You can rest assured that we are well equipped to help you settle any dispute that may arise.
Keeping in view the financial difficulties of clients, we have tailored very reasonable and affordable costs structure for our clients. If you would like to discuss any matter related to Retirement, please contact us through phone+44(121)794 2000or alternatively make an online enquiry and we will respond at the earliest opportunity. We are very flexible in arranging appointments and offer highly friendly and personalised service with very competitive costs.