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Telephone: 0131 336 1619

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The UK Retirement Age

For many years the default age for retirement in the UK was 65. However, in 2010 the retirement age was axed and it has been being phased out since, with 5th October 2012 being the final date that an individual can be set for a forced retirement. After this date there officially will be no more compulsory retirements allowed in the UK.

The change now allows people to carry on working until they wish to retire, early retirements may still be taken but forced retirements will have been completely erased from the agenda. Many individuals saw forced retirements as insulting and unfair, after many years work with a company being forced to leave when they were still perfectly capable of doing their job, forced retirement hummed of ageism.

If an employer did not give their employee notice by the 6th April 2011, an employee’s retirement date cannot be made compulsory. Your employer must have also given you six or twelve months notice of your set retirement date. If you feel that your employer has not followed the correct guidelines, with regards to your retirement date, firstly file an official complaint with your employer. You may be able to come to an agreement between yourselves without having to take the matter further. Secondly, if this proves unsuccessful, contact a lawyer who specialises in employment law.

A similar process should apply if you feel that you are being discriminated upon by your employer because of your age. This is incredibly unfair and is against the law in almost all fields of expertise. Age discrimination may lead to issues with hours, promotions, conditions of employment, training, and both initial recruitment and unfair dismissal. In some situations special treatment is acceptable, such as when making special previsions for young or old employees for their safety.

Training – Training programmes may not have upper or lower bounds for training provided, unless there is an objective explanation why.

Unfair dismissal – However old you are you have the right to enter an unfair dismissal claim should it be considered appropriate.

Recruitment – Any employer must have extremely solid reasoning for imposing an upper age limit in recruitment criteria. Lower age limits are imposed by the law, but any other lower age limits within recruitment criteria must be equally well justified.

Retirement- As we have explored within this article, there is no longer a set age for compulsory retirement and retirement can no longer be forced. Retirement occurs when you wish to retire.

Should you have experienced issues with a forced retirement that you believe constitutes unfair dismissal, or you have experienced any other form of age discrimination in the workplace, contact a specialist employment law solicitor today.

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"Faced with a complex industrial dispute involving three parties, Callander Golf Club called on the expertise of The Work Ethic to help resolve the situation. Sound legal advice backed by high-level negotiating skills led to an out-of-court settlement to the satisfaction of the Firm’s clients."

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