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
Emma-Jane Flannery
Arthur Cox

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

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

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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery