Changes to new retirement age rules issued
Monday, 4th April 2011
Crombie Wilkinson Solicitors are advising that changes have been made to new employment regulations regarding retirement just weeks before they come into force.
The Employment Equality (Repeal of Retirement Age) Regulations 2011 will come into force on 6 April 2011, with transitional provisions. However, drafting errors in the original version mean a second draft has had to be issued.
Commentators have already noted that the second draft is more complicated and far-reaching than the first version.
Neil Largan from Crombie Wilkinson Solicitors said “The main changes, which will apply to England, Scotland and Wales, are as follows:
“Employees can be lawfully retired provided that they are given notice of the intention to retire them no later than 5 April 2011 and the employee has reached, or will reach, the age of 65 by 30 September 2011.
“Employees can exercise their right to request work beyond retirement, but must do so no later than 4 January 2012, depending on the length of notice they are given and when they are given it. This is to enable employees who are given the maximum 12 months’ notice of the intention to retire them the right to request to continue working up until three months before the employer’s notice expires.
“An employer could still potentially agree a fixed or indefinite period of work after retirement if requested but will have to issue a fresh notice of intention to retire if they agree an extension of more than six months. This cannot be done after 5 April 2011, meaning that the last possible date for retirement of an employee under the current law would be around 3 October 2012”.
If you would like advice on how to manage the scrapping of the retirement age and communicating this to your workers so they understand their position, please do not hesitate to contact Neil Largan, employment law specialist at Crombie Wilkinson Solicitors on 01904 624185.
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