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Old 12th Dec 2010, 17:05   #1 (permalink)
 
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Over 65 Employment Law

A male relative of mine is being basically forced to retire next week, as the company he works was taken over by another company - and the new company has a policy of not employing overs 65s. However, recently a MOD employed civvy spoke to him and claimed thay "they can't do that", explaining that he knew someone who had been in that situation but argued and won.

So what exactly is the legal situation?

Also, I believe that Citizens Advice do not give advice over the phone, but does anyone? Any ideas on where to get advice in a hurry?

Last edited by WE Branch Fanatic; 8th May 2011 at 11:46.
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Old 12th Dec 2010, 17:12   #2 (permalink)
 
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I don't know if the rules have kicked in but the Government was considering scrapping the compulsary 65 retirement.

BBC News - Q&A: Retirement rules and you

Personally, the earlier I can retire the better. There's so much I want to do.
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Old 12th Dec 2010, 18:32   #3 (permalink)
 
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If it is important get an employment lawyer in.

Also in play is the 'Transfer of Undertaking Protection of Employment' laws. Had some dealings with it in the past when case history was basically unknown but do know that it does provide same basic protections to employees of an outfit being taken over by another.
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Old 12th Dec 2010, 18:37   #4 (permalink)
 
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Is he a union member? If so that would be an excellent place to start.
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Old 12th Dec 2010, 18:38   #5 (permalink)
 
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TUPE may well apply as it is intended to protect you from degraded conditions, but there are loopholes and age may be one.
Try posting on uk.legal.moderated - you'll probably get a good answer there within a few hours.
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Old 12th Dec 2010, 19:25   #6 (permalink)
 
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I'm surprised that the victim has only been given a week's notice of his enforced retirement. Is there not a possibility of at least delaying the action on that basis?

What is his contractual period of notice for termination or resignation?
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Old 12th Dec 2010, 19:30   #7 (permalink)
 
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Lord Bath gets rid of the crumblies..........

Marquess of Bath, 78, sacks everyone over 65 at Longleat Safari Park | Mail Online

Probably his most loyal staff
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Old 12th Dec 2010, 22:36   #8 (permalink)
 
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Ooooo - this was stopped in NZ a few years ago - age discrimination. One of our senior engineers finally retired at the age of 74 last month - he's back working on contract now!
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Old 12th Dec 2010, 23:54   #9 (permalink)
 
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Shouldn't people be able to choose when they want to stop work? Isn't that what a free country is supposed to be all about? If you don't keep busy, you die!
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Old 13th Dec 2010, 06:56   #10 (permalink)
 
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Law comes into force on 1 Oct 2010. Basically it's down to your company to decide whether to keep anyone who reaches 65 before then.
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Old 13th Dec 2010, 11:37   #11 (permalink)
 
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Quote:
Law comes into force on 1 Oct 2010.
Try 1 Oct 2011
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Old 13th Dec 2010, 11:59   #12 (permalink)
 
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WE, there was a progamme on the radio recently about this, the details escape me, but the jist of it was that companys were forcing people to retire at 65, before the legislation to prevent them doing this comes into force. Longleat Safari Park were the subject of the programme, who were forcing their employees of pensionable age to retire.

Last edited by Dan Gerous; 13th Dec 2010 at 12:01. Reason: oops, sorry didn't read all the replies to the thread ref longleat
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Old 13th Dec 2010, 15:18   #13 (permalink)
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As I understand the Longleat situation, the Marquess was quite happy to allow older employees to remain as long as they were capable, but the 'new' management (his son, I believe) foresaw a potential problem when employees acquired the right to remain beyond age 65, so saw fit to resolve the situation before any such problems arose.

I guess that any competent manager would do the same . . .

Quote:
The Seventh Marquess of Bath, 78, handed over the running of the estate to his son Ceawlin, Viscount Weymouth, earlier this year.
A new chief executive officer, David Bradley, was employed to manage the attraction when Lord Bath stepped down.
The Longleat spokesman said employees over the pensionable age had their contracts ended in the last fortnight.
He said that no redundancies had been made.
At present, an employer can compulsorily retire employees at 65 but from October 2011, they will no longer be able to.
The spokesman said: "All the contracts for these people allowed for retirement at 65 and all that has been done is that this has been enacted.
"These contracts - which have lapsed in terms of the over-65 retirement - hadn't been enforced and they are now enforcing this."
He said the retired workers were from all areas of the estate and included 18 workers over 70, seven over the age of 75 and two members of staff in their 80s.
He added: "All staff that were in estate accommodation will keep their accommodation and the estate is ensuring they'll be provided for as well as possible."
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