Legal advice

A guide to the Family Justice System in England and Wales

Religious Discrimination

Age Discrimination and Retirement part 2

2. Employee’s right to request

The employee has a right to request to work beyond the intended retirement date. This request should be made between 3 and 6 months before the intended date of retirement.

The request must be in writing and must propose that the employment continue indefinitely, or for a stated period or until a specified date.

3. Employer’s duty to Consider

Once a valid request has been made, the employer must hold a meeting to discuss the request with the employee. The employee has the right to be accompanied by a colleague, who must be permitted to address the meeting and to confer with the employee during it.

4. The Decision

The Regulations do not set out the factors that an employer should take into account when reaching a decision. However, decisions should be made in good faith and the employer should consider whether it would be helpful to vary the employee’s duties or hours.

The employer’s decision must be notified in writing to the employee. If the request is granted, you should set out whether the employment will continue indefinitely or, alternatively, the date on which the employment will end.

If the employer refuses the request, it is not necessary to give reasons.

An employee is entitled to appeal if the request is refused or if it is granted for a shorter period than requested. If an appeal is brought, the employer must arrange an appeal meeting in a similar way to the initial meeting.

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