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Sacking Elderly Workers - Be Very Careful!

Posted: Friday, 4 January 2019 @ 13:43

I understand that there will be an announcement about the transitional provisions abolishing the default retirement age, which are expected to be published later this week.

According to PLC, the transitional provisions will provide for the default retirement age to survive until 6th April 2012 (not 30th September 2011 as previously thought), provided the employee has reached 65 on or before 30th September 2011.

This allows for up to 12 months' notice of intention to retire to be issued before 5th April 2011.

Hopefully this lack of clarity will be cleared up.

Ultimately where this will head is in many elderly employees facing the threat of disciplinary action due to poor performance.

Taking action on this basis is unpleasant for both employer and employee.

When you consider the clear likelihood of an employee alleging age discrimination, it is clear that there are going to be lots of elderly workers issuing Employment Tribunal claims.

The coalition is not as anti red tape as it would like to believe.

Justin Patten, Employment Solicitor