Employment Law - Retirement

[guhorwine]

I reach the retirement age of 65 on 1st Oct. Some 6 - 8 months ago, I approached the MD and asked if I could extend for a further year to 2010. He agreed during a conversation with the GM and it became generally known that I was to stay on, although nothing was put in writing. I made various changes to pension arrangements etc. whilst planning for the future. This morning, approx 5 weeks before my 65th birthday, he approached me and said that he didn't think he would be able to keep me on. I still would like to stay on even if it is only for 6 months but don't know what to do. Can anyone please let me know what my options are and where I stand? Many thanks in advance.

[factor-fiction]

I think the final decision is the employer's. I'm not an expert- you need buildersmate here- but I wonder if it's possible that you may have the right to more than 5 weeks' notice now. Your position might have been stronger if your request had been in writing.

[buildersmate]

There is no obligation under Employment Law for an employer to keep an employee beyond 65. This matter was taken to the European Courts of Justice by Age Concern and the case was finally lost earlier this year. See here.
http://www.hrmagazine.co.uk/news/887679/Europe an-Court-backs-default-retirement-age-65/

However I have some good news for you because your employer appears not to have followed the Statutory Retirement Procedure. This requires that no less than 6 months before normal retirement age the employer writes to the employee outlining what options they have (if any).
Because of that, you could argue that any dismissal before the procedure is completed would be unfair, and you could take a claim to an Employment Tribunal for unfair dismissal. See here (read down a bit)
http://www.communitylegaladvice.org.uk/en/lega lhelp/leaflet15_8.jsp
Having read this I suggest you go back to the employer with these facts. The impact of this is that you can ask that they start of the process - which as you see will 'buy' you at least another 6 months from the date they start the process by writing to you. That should buy you a stay of enforced retirement until February 2010. Let us know if you want further advice on this matter.

[guhorwine]

Many thanks, buildersmate. I had a word with the General Manager this morning and was asked to put it all in writing for consideration by the MD when he returns from his weekend on Tuesday.

[Randycox]

Hi guhorwine, It happens many times with people. You can consult a professional and put your problems and take advice. retirement planning can lead to a secure life.
Retirement Income Planner