What exactly do the regulations mean, when they talk about a duty to consider requests to work beyond 65?
If an employee wants to work beyond his (or her) ‘default’ retirement date, they must put in a request to carry on, no more than one year and no less than six months before this date. If you agree to the request, nothing more need be done. If you do not agree, or wish to consider the matter further, you must: • hold a meeting with the employee to discuss it • inform the employee of your decision as soon as is reasonably practicable (during which time they continue to be employed) • allow the employee time to appeal – if your decision is no – which they must do as soon as is reasonably practicable If you neglect to follow these procedures, any employee, including employees over the ‘default’ retirement age of 65, can bring a case of unfair dismissal against you, although if they unreasonably fail to follow the provisions of the relevant Acas Code of Practice relating to grievance procedures, they risk a reduction of up to 25 per cent in any award made to them by the Employment Tribunal.
