age discrimination??

[blueboy70]

My father is currently in employment with the local authority, he is 69 and has requested the right not to retire. He has absolutely no sick record, is in brilliant health and is more than capable of fulfilling his role at work. There are people far younger than him at work who take lots of time off through trivial illnesses. His company are also recruiting due to being understaffed at the moment. Where does he stand if they refuse to allow him to continue in his employment, as it would be purely age related if they do not allow him to continue. He was taken on in this position when he was 64.

[honeybee13]

Hello and thank you for posting on the forum. I hope the guys can help you and your Dad.

 

My best, HB

[blueboy70]

ty honeybee, i hope we can get help. he has worked all his life and is not ready to be retired. but employers are looking to get rid of the oldies before the equality bill comes into force!

[elche]

Hi blueboy,

 

Whilst I am no expert on the relatively new Equality Act, I am pretty sure that until October 2011 the law is the same as it it was since the 2006 regs were published.

 

From memory provided an ER;

 

1) Writes to an EE notifying them of their intended date of retirement (IDR) at least 6 months and not more than 12 months before the IDR, and

2) The IDR falls on EE's 65th birthday or a date after this, and,

3) The ER reminds the EE of their statutory right to request to work beyond this age, and

4) The EE deals with any request properly

 

Then the dismissal for reason of retirement is potentially fair, and no further some of money is due to the employee - assuming notice period is worked and all holiday accrued is paid.

 

I'm pretty sure that if the ER follows all the procedure properly the EE is powerless to prevent this.

 

Sorry

 

Che

[elche]

And I think I am right

 

http://www.ageuk.org.uk/work-and-learning/discrimination-and-rights/forced-retirement/

 

But I do note age concern have a free helpline 0800-169 6565 - can't hurt to double check

 

Che

[Atlas01]

exactly what elche said, until oct he can be retired perfectly legally, unless they do not follow the procedure he listed above and even then if they fail to notify him and it's more than two weeks before they intend to finish him he would only get up to 8 weeks pay as compen, if it was within 2 weeks then it would be an unfair dismissal (although this may centre on 65 which he has passed)

 

depends on the area he works in if they will go for him (if there are redundancy's or the ability to bump redundant people into his job)