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HR tip: Advising retirement age employees of their rights

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question:
"Are we obliged to inform people approaching their retirement age of their rights or is it up to them to find out?"

HR tip:
Indeed you are. You are required to inform employees in writing between six and 12 months before their normal retirement date that you propose to retire them, but that they have the right to request an extension of employment beyond that date.

You must tell them that, to make such a request, they must do so in writing, that you will meet them to consider their request, that they may bring along a companion to the meeting, you will give your response in writing and that, if refused, they have a right to appeal to senior management.

You do not need to justify your response, but you must seriously consider it. Any failure in this procedure could result in the employee's retirement being judged unfair dismissal and result in you paying a high level of compensation.

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