Our Company has continued to use the retirement procedures because we consider that we require a normal retirement age. However, one of our employees has recently challenged a notice of retirement that we have issued. How do I handle it?
Sharon McArdle, Tughans Solicitors, Belfast writes:
The statutory retirement procedures which were introduced under the Employment Equality (Age) Regulations 2006, allowed employers to lawfully force an employee to retire at or over the age of 65 provided certain procedures were followed. However, the retirement procedures were abolished on 6 April 2011 together with the default retirement age and retirement as a potentially fair reason for dismissal. Dismissal on grounds of age now amounts to unlawful direct age discrimination unless the
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