If an employee requests to continue working beyond the normal retirement age of 65, can the employer refuse this request? If so, how can it be done without exposing the Company to a discrimination claim?

Posted in : First Tuesday Q&A NI on 5 April 2011
Arthur Cox
Arthur Cox
Issues covered:

From your question, it sounds as though you have already kick started the retirement procedure and issued your employee with notice of his/her intended retirement date and his /her right to request working beyond 65. If so, and if this notice has been issued before tomorrow, 6 April 2011 and in accordance with the statutory timeframe (6-12 months before the employee’s intended retirement date) and if the employee will reach their default retirement age of 65 between 6 April and 30 September 2011 (yes, there are a lot of “ifs”!), you can reject the request provided that you have followed the statutory procedures correctly and have given proper consideration to the request.

The timings here

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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