Confusion over the transitional arrangements for abolishing the default retirement age

27 February 2011
Confusion over the transitional arrangements for abolishing the default retirement age

We've reported in earlier blog posts, that the default retirement age is coming to an end in October 2011.  Here we look at the transitional arrangements that were put in place by the government to do this – and some issues that have cropped up with these. If you’ve staff whose retirement date falls after 5 April 2011, check through the following pointers to see that you’re ok.

is a good source of free guidance if you’re unsure.

Checklist for staff retiring under the transitional arrangements:

1. Give your employee their retirement notice by 5 April 2011. As confirmed by Acas, no retirement notice issued after this date (using the statutory procedure) will be valid. Read more

2. Check your employee’s birth date.
If the employee turns 65 after 30 September, this will not be a valid retirement (see Acas). The government has revised their draft regulations, so there are no longer concerns about staff who reach 65 before 6 April. Read more on Darren Newman's blog.

3. Check your retirement dates.
Acas originally stated that staff retirements should complete by 30 September at the latest. However Acas has now specified that retirement notifications issued before 6 April and which give a maximum of twelve months’ notice are able to run their full course. Read more

4. Make sure you follow the full statutory retirement procedure correctly (including giving staff the right to request to continue working and the right to appeal).  
If you want to remind yourself of this, read more here on the Business Link website.

5. Give your staff member a minimum of six months’ notice and a maximum of twelve months’ notice of their retirement.

For further information, see the leaving and retirement section of HRBird.

Sources: Eversheds, Acas, Incotraining, Mrs Markleham, ELE, Employment Law Clinic

Please note that HRBird by its very nature offers general information. If you're looking for advice specific to your situation, speak to an HR professional or solicitor. Got a question on staff or volunteers? To submit an anonymous query for the HRBird blog, contact us.

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