From 6 April 2011 it will be age discrimination to dismiss someone by reason of retirement unless notice has been been given to that employee. This article examines the implications for employers:
Alternatives to retirement: performance management or a 'gentle' conversation - that could that lead to claims of discrimination and constructive dismissal
Difficulties of performance managing an older colleague: indirect age discrimination in performance measures and are these a genuine operational requirement?
Positive action: since the Equality Act, s. 159 came into force in April, employers will be able to treat a person with a relevant characteristic more favourably if both are equally qualified - in this case, the relevant characteristic could be age. Therefore, could employers choose to hire older or younger people to 'balance out' their workforces? Should they?
Will age be another check added to the 'equal opportunities' checklist that employers make new starters sign, so that employers will show they are 'age-neutral'?
How to deal with employees you wish to retain for a set period but you could retire now - get them to sign a Compromise Agreement now with a termination date in that agreement, plus a second agreement (which they agree to sign in the .first) which they will sign on their termination date.Business Law Review