Retirement

Updating authors: Max Winthrop and Zuraida Curtis

Summary

• Employers that compulsorily retire employees, or attempt to pressurise employees to retire, are at risk of direct age discrimination and unfair dismissal claims. (See Overview)
• The circumstances in which employers can compulsorily retire employees are rare. (See Compulsory retirement)
• An employer-justified retirement age will apply if the employer can objectively justify it as a proportionate means of achieving a legitimate aim. (See Employer-justified retirement ages)
• Acas advocates the use of regular workplace discussions for the employer to set out its expectations of the employee's performance and future plans. (See Workplace discussions)
• Older employees may still voluntarily retire at a time of their choosing and draw any occupational pension to which they are entitled under the scheme's rules. (See Voluntary retirement)