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Wednesday, April 13th, 2011
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The concept of the Default Retirement Age has been abolished in practice and, as a result, employees are now entitled to choose themselves when to retire. This is raising a number of questions that will only be resolved satisfactorily as, over time, cases emerge from the higher courts.
In the meantime you cannot force employees to retire unless arrangements were put into place before 6th April this year, unless you can justify a compulsory retirement age, or unless they really are not up to the job. Even in this last case you will need to take all reasonable steps to help them perform satisfactorily so that, if they fail to do so, you can justify their dismissal on grounds of incapability.
Your best approach would therefore seem to be to maintain a dialogue with employees who are losing their capability and do what you can to help them. They themselves may then be better able to determine when they have had enough. Take great care!
