Friday, 29 August 2008
The Government is currently proposing to either abolish mandatory retirement (unless it can be justified) or introduce a default retirement age of 70. This will affect all employers and means they have to look at different ways of managing staff as they end their working life.
References to date of birth on application forms will probably have to be removed and adverts will no longer be able to contain any reference to age For example asking for someone between 25 and 30 or who is 'young and dynamic' would also be unlawful.
It may also be recommend that employers review their selection procedures and how you work with intermediaries such as recruitment consultants etc. To make sure your approach is clear and transparent so you can easily defend yourself if you are accused of discriminating in the future.
Nothing at the moment, but the Government is proposing to lift upper age limits and limit compensation by 2006.
The Code of Practice was introduced in 1999 and encourages employers not to make employment decisions (recruitment, selection, promotion, training & development, redundancy and retirement) based on age. This code is voluntary and individuals cannot bring claims against employers who don't use the code. The legislation is based on the principles outlined in the code but is more complex and covers issues such as indirect discrimination, harassment and victimisation. Individuals will be able to bring claims against employers under this legislation which will be introduced in 2006.
Many companies now let people work after their contractual retirement age, but this is usually on fixed term short contracts. At the moment this is very much up to individual employees and their employer.
The Government is currently consulting on this issue but it looks like most employers will be unable to use fixed retirement ages after age discrimination laws are introduced in 2006. This means that if you are still performing well, your employer will not be able to force you to retire. But this doesn't mean you have to keep on working, state (65) and occupational (50-70) pension benefit ages will remain the same, so you can 'retire' at any time. The new laws are meant to give you more choice, so you can stop working when you wish - or can afford to!
Age discrimination laws in 2006 made this illegal unless you are over 65 years of age see the question above.
At the moment your employer can ask you to have regular medicals once you reach a specific age (e.g. 50), but this may change in the future once age discrimination laws are introduced.
At the moment you are unable to claim unfair dismissal if you have passed either state pension age or your employer's normal retirement age. But again this may change in 2006 when age discrimination laws are introduced.
There are lots of organisations that can help you get back into work. Have a look on the government's age positive website 'Age Positive' the link can be found on the left hand side of the page.
Lots of employers offer part time work to people of all ages. When you are working it is possible to continue to draw on your state pension and any occupational benefits you may be entitled to from previous employers.
