The government has recently announced that it is planning to abolish the DRA on 1st October 2011 with a six month transition period from the existing regulations from April 2011. Employers must carefully consider what effect this will have on their business and acknowledge the fact that they will prevented from retiring employees. This development will prevent an employer from retiring any employees regardless of their age. In order to remove older employees from the business an employer will have to rely on comprehensive, fair and objective performance management plans. This will have to be coupled with an objective justification that the action taken is not age discriminatory against the employee and careful planning to ensure that any dismissal is carried out fairly.
Therefore, if an employer needs or plans to retire those employees that are entering into their 65th year, they must take action now. The retirement of an employee needs careful planning and timing is essential. Employers must ensure that they follow their internal retirement policies carefully and maintain an open line of communication with the employee.
If any employer needs further advice on this issue, or guidance about how to fairly retire an employee approaching 65 they should contact Elizabeth McGlone at elizabeth.mcglone@neves-solicitors.co.uk or 01582 725311.
For more information on Employment related topics please visit the Employment section of our website.
For more information on Employment related topics please visit the Employment section of our website.
