Working through Retirement – Rules & Considerations
There’s a trend taking place throughout the United Kingdom and that is workers continuing to work past retirement age. Some people want to work past retirement age whilst others have too. With the introduction of the law, “The Employment Equality Regulations (Age) 2006”, companies can no longer force their workers to retire because of their age. The new rules pertaining to a worker exercising his or her right to continue working over 65 come with a little controversy and a welcomed change in policy.
The law requires participation from both the employer and employee when it comes to a near retiree deciding to work past retirement age or not.
Under the law an employee who intends to continue working over 65 must submit in writing his or her employment request. The request to continue working must be submitted at least 6 months before the retirement due date. This gives a company ample enough time to decide whether to keep the worker on or deny the worker’s request.
An employer has the right to reject a worker’s written submission to continue working over 65. The employee can request a meeting to possibly negotiate a solution such as part-time employment. Semi-retirement is a possible solution because a company can have the worker work from home or on a part-time basis or as a in-house (temporary) worker.
If a worker decides to retire from his or her company and continue working elsewhere, companies such as temporary agencies or companies that hire seasonally must provide due diligence when protecting an older worker’s rights. Forcing employees out of the work place because of age is now illegal and companies only wanting to hire younger workers should be reminded of the law.
What is Age Discrimination
What is Age Discrimination under the law? Age discrimination is the unfair practice of using one’s age against them particularly in the work place. Racism, sexism and now ageism are the basic forms of discrimination that will cost companies millions and man-hours.
Ageism is a form of discrimination by which employers can no longer use to force out their older workers. Trying to force an employee to leave a company in favour of a younger one or for any other reason is illegal. Pitting younger workers against older workers is illegal and pitting women against the men when it comes to their ages is also an illegal practice. Another form of discrimination is “unfair dismissal” where the company targets the older worker’s job performance as a catalyst for dismissal. Unfair training practices where by the younger worker is trained more frequently for various job positions is illegal.
One of the main justifiers used to force out older employees are health issues. The consensus is that older workers will develop health issues which can cost a company money and productivity. This practice is illegal to use against an older worker. Under the law older employees now have the option to continue working over 65.