The extended working process 

31/03/2010 
The Employment Equality (Age) Regulations 2006 introduced this new process, which is mandatory if an employer wants an employee to retire and not risk a successful unfair dismissal and age discrimination claim.

This page outlines the seven critical steps below that employers need to follow, with template letters for trusts

Step 1

The employer gives notice of retirement in writing no more than 12 and no less than six months before the intended retirement date, and informs the employee of their right to request to continue in employment (see template letter A).

Step 2

If the employee wishes to work beyond the intended retirement date, the employee must respond no more than six months and no less than three months beyond the intended retirement date, informing the employer that they wish to extend their employment. The request must state that it is made under the Age Regulations and whether the employee wishes to extend their employment indefinitely, for a specified period, or until a specified date.

Step 3

If the employee requests not to retire, the employer must hold a face-to-face meeting to discuss the opportunities and options for extended working (see template letter B). No meeting needs to be held if the employer simply agrees to the employee's request in full, or if it is not reasonably practicable to do so. The latter will be the case only in exceptional circumstances.

Step 4

The outcome of this discussion must be notified within a "reasonable time".

Step 5

If the employer and employee agree that the employee will continue, this must be confirmed in writing (see template letter C), along with the new retirement date and any changes to working arrangements. The employee will be entitled to retain existing terms and conditions, and will be covered by the employment protection that as in place prior to retirement age.

Step 6

If the decision is not to retain the employee this must be confirmed in writing (see template letter D).

Step 7

If the employee still wishes to remain in employment, they are entitled to one appeal to be held within a reasonable period of being lodged. The outcome of this should be notified in writing (see template letter E).

 

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