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This week on our desk 👇 The question is answered by our consultant Catherine Monahan. The Code of Practice on Longer Working (S.I. 600, 2017) sets out the best principles and practices to follow during the engagement between employers and employees in the run-up to retirement including responding to requests to work beyond the retirement age. The Employer must be familiar with the provisions of the Code and follow the guidance set out therein. Employers should therefore have a Retirement Policy, which is communicated to all employees, complying with the Code and outlining how the employer manages employees retirement age, the procedures the employer will follow towards employees planning their retirement including the process employees must follow to request to work beyond the Company retirement age. The Code states that an employer should notify an employee in writing of the intention to retire the employee on the contractual retirement date within 6-12 months of that date and this should be followed up with a face-to-face meeting. Should an employee wish to request to work beyond the contractual retirement date they must do so in writing no less than 3 months from the intended retirement date and this request should be followed up with a meeting between the employer and employee. The employee may be accompanied to a meeting by a work colleague or union representative to discuss the request. Any requests to work beyond the company retirement age must be considered carefully and any decision must be made on fair and objective grounds. The employer’s decision should be communicated to the employee as early as practical following the meeting. If the decision is to refuse the request, the grounds for the decision should be set out and communicated in a meeting with the employee to help the employee understand the reasons for refusing the request and reinforce their case has been given serious consideration. The employee should be afforded the opportunity to appeal the decision through the normal grievance procedure and be offered to be accompanied to the meeting by a work colleague or union representative. You may offer a fixed-term contract to a person over the compulsory retirement age provided that it is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Should this be the decision you make, state the reason the contract is being offered, the period it is being offered for, the legal grounds underpinning the new contract, that the Unfair Dismissals Acts do not apply to the termination of the employee’s employment on the expiry of the contract term and that retirement will take effect from the expiry of the term of the contract. For more info on this and other employee-related topics reach out to us at https://lnkd.in/dGDDsFmv #Retirement #RetirementAge #HRConsultancy #HRBestPractice #TeamAction

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