Expert tips on handling employee retirement well

Retirement at 65 is no longer automatic, so employers need to handle any failing physical fitness of older workers very carefully.

Any failure to do so risks potentially costly claims for unfair dismissal and age discrimination, warns solicitor Carey Cooper of Thrings.

“You may be able to keep a compulsory retirement age if you are able to objectively justify it, for example on the grounds of succession planning or health and safety, but take advice,” said Ms Cooper.

Her tips for employers includes:

• Performance – give regular appraisals so that employees understand your expectations and how to achieve them
  
• Monitor progress and any difficulties
  
• Have those difficult conversations, explaining where expectations are not being met and keep a note of these
  
• If health is the issue, ensure they provide sufficient doctor’s notes to enable you to understand their condition and whether they require further support to carry out their role
  
• As staff get older, if they develop physical impairments, these could amount to a disability under the Equality Act. You then have a duty to make reasonable adjustments to their role to facilitate their continued working
  
• If you consider that an employee’s work or health is a significant issue, contact a legal adviser to help you go through a fair procedure to assess the worker’s capability.

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