After considerable confusion caused by the Government issuing a set of transitional provisions which meant that employees already over 65 could no longer be retired, whereas those reaching 65 between April and September could be, a revised draft of the transitional provisions was issued on 1 March 2011. These come into force on 6 April 2011.
As previously reported, the Default Retirement Age is being abolished with effect from 1 October 2011. Therefore, employees reaching the age of 65 after this date cannot be given notice of retirement and therefore notice can only be given to an employee who has or will attain the age of 65 by 30 September 2011.
Many employers have got used employing people over 65, and we have had some very positive feedback from clients on the benefits of employing older workers. However, employers who do want to retire older workers will therefore have to act quickly if they are to retire employees before it becomes unlawful.
If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected]).