Top tips on avoiding discrimination when managing older workers

Five years on from the abolition of the default retirement age, employers are still coming to terms with the practical challenges of managing older workers. Chris Cook of SA Law advises on how to deal with sensitive issues concerning older workers, such as planning ahead and addressing performance issues.

Following the abolition of the default retirement age back in April 2011, dismissals based on an employee’s age could amount to direct age discrimination. This change was certainly good news for the individual, however employers were faced with the uncertainty of when older employers may elect to prompt their retirement. This uncertainty impacts an organisation’s long-term business plans as to when employees will be leaving the organisation and when they will need to be replaced.

How and when employers can set a retirement age

In removing the default retirement age, the Government wanted no worker to be deprived of the opportunity to work simply because of their age. Although in most circumstances it will not be objectively justifiable for employers to apply their own retirement age instead, employers do have the opportunity to produce evidence to show that setting a retirement age in certain jobs within their organisation is justifiable. They would need to show:

  1. That they are trying to achieve a legitimate aim; and
  2. That setting a retirement age is a proportionate way of achieving that aim.
Proving this can be difficult to demonstrate and it will be necessary to provide evidence if challenged; assertions alone will not be enough. Reasons for employers to provide their own retirement age could include:

  1. Upholding health and safety standards. Employers would need to demonstrate that the risk relates to a specific activity and is at a high level.
  2. Enabling workforce planning. Employers would need to demonstrate that business aims cannot be properly achieved without advance information about future vacancies.

To read the full article, please click here. 

CONTACT CHRIS

If you would like more information or advice relating to this article or an Employment law matter, please do not hesitate to contact Chris Cook on 01727 798098.

© SA LAW 2022

Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.

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