We have a contractual retirement age of 65 and two different pension schemes. For a number of our current staff, they will not be entitled to a State pension until they are 68. The issue of the 3 years between payment of occupational and state pensions is one which is being raised regularly. We are reluctant to change our contractual retirement age as this may create other issues for us, not least for those who will qualify for a State pension earlier. Are other companies removing a contractual retirement age or implementing other measures? Is this situation likely to change?
Posted in : First Tuesday Q&A NI on 4 June 2013
Emma-Jane Flannery
Arthur Cox
This issue may affect many employers in Northern Ireland who continue to enforce a contractual retirement age. Due to changes in the State pension age employees may face inconsistency between their contractual pension age (usually 65) and the age at which the State pension becomes available.
Employers who choose to enforce contractual retirement ages where this issue arises risk facing possible claims for age discrimination. Some retiring workers may find themselves forced into bringing such claims where they have limited savings or company pension benefits to rely on pending receipt of a State pension.
These claims are liable to be successful unless employers can: establish a legitimate
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon'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 the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
How Do We Make A Claim Under The JSS?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
If We Have Recently Employed New Staff on Zero Hour’s Contracts, Do We Have to Put Them on the JSS?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
Do We Have to Obtain Employee Agreement to Place Them on The JSS?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
Do Employees Have To Have Been Furloughed Previously To Be Put On The Job Support Scheme?
Posted in: First Tuesday Q&A NI on 06 October 2020
-
If we reduce an employee’s hours, what happens to their accrued holiday?
Posted in: First Tuesday Q&A NI on 04 August 2020
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