HR tip: Advising retirement age employees of their rights

HRD & Payroll Solutions continues to bring HRZone.co.uk members a range of HR and payroll tips in 2007. A market leader in the provision of HR and Payroll training and nationally recognised professional qualifications, HRD & Payroll Solutions are highly experienced in teaching about common HR and payroll problems. A wide selection of tips, tricks and guidance can be seen below. HRZone.co.uk highly recommends that any tips are taken as a starting point for guidance only.

Question:
"Are we obliged to inform people approaching their retirement age of their rights or is it up to them to find out?"

HR tip:
Indeed you are. You are required to inform employees in writing between six and 12 months before their normal retirement date that you propose to retire them, but that they have the right to request an extension of employment beyond that date.

You must tell them that, to make such a request, they must do so in writing, that you will meet them to consider their request, that they may bring along a companion to the meeting, you will give your response in writing and that, if refused, they have a right to appeal to senior management.

You do not need to justify your response, but you must seriously consider it. Any failure in this procedure could result in the employee's retirement being judged unfair dismissal and result in you paying a high level of compensation.

Previous HR and Payroll tips:

February 2008
Alcohol on site
Lawful discrimination

January 2008
Reducing company car standard
The disappearing employee
Pre-employment medicals
Monitoring bullying
Controlling absence

2007 tips

2006 tips

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