If we abandon a fixed retirement age altogether, does that mean that we could be done for unfair dismissal if we need to get rid of someone at 69 or 70?

 

find out more

for expert advice on this topic, contact:
Suki Harrar

18. If we abandon a fixed retirement age altogether, does that mean that we could be done for unfair dismissal if we need to get rid of someone at 69 or 70?

In theory, yes. In practice you are unlikely to be sued for unfair dismissal if you retire someone over the age of 65 (or an earlier retirement age, if it can be justified), providing:
  • it is a genuine retirement (rather than redundancy or dismissal under the guise of retirement); and
  • you have followed all the correct procedures.
The correct procedures are:
  • you must notify your employee in writing, no more than one year and no less than six months ahead of their planned date of retirement, and of their right to ask to work longer;
  • if they do ask to work longer, you have a 'duty to consider' the request (see question 22, below).
You should, however, be aware of the 'Heyday' case (see question one), and take legal advice if anyone does show signs of being prepared to sue.