Employers will soon only be able to retire employees by satisfying an objective justification test for direct age discrimination. With this in mind, many employers should consider revising their policies and procedures now.
Compulsory retirement will be direct age discrimination. However, employers can objectively justify the difference in treatment on the grounds of age if they can prove that it is necessary to meet a legitimate employment policy, labour market or vocational training objective and demonstrate that compulsory retirement is an appropriate and necessary means of achieving that objective.
Alternatively, employers can ensure that a fair dismissal procedure is followed under the ordinary unfair dismissal rules, relying on one of potentially fair reasons for dismissal (capability, conduct, illegality, redundancy or some other substantial reason). Thus, if an older employee is under-performing, they should be dealt with in the same manner as any other under-performing employee with a focus on performance as opposed to age.
[The information and commentary contained in this blog does not, and is not intended to, amount to legal advice and does not form the professional advice or opinion of any Solicitor or Law Firm]
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