WORKING PAST 65?

[barkingdog]

WILL ROYAL MAIL ALLOW STAFF TO WORK PAST 65 OR IS RETIREMENT COMPULSORY? I KNOW IT SOUNDS SAD BUT IS IT AT MANAGEMENT DISCRETION OR IS THERE A GENERAL POLICY, MY MATE HAS SUCH A GOOD DUTY HE WANTS TO CARRY ON, OUR MANAGERS SAY IT WOULD BE OKAY!!!

[TrueBlueTerrier]

http://www.guardian.co.uk/money/2007/ja ... ers.uknews

This article appeared in the Guardian on Monday January 01 2007 . It was last updated at 01:35 on January 01 2007.

Lawyers are warning employers that they could face compensation claims if they force workers to retire at 65 - even though compulsory retirement at that age is lawful under UK legislation.

Legal experts expect employment tribunals to "bank" any claims by employees made to retire at 65 against their will, pending the outcome of a challenge to the mandatory retirement age at the European court of justice (ECJ) in Luxembourg.

The ruling could take as long as two years but if the challenge succeeds, unfair dismissal and age discrimination claims are likely to be allowed to go ahead as long as the employee filed the claim within three months of being made to retire.

The UK was required by an EU directive to bring in regulations, which came into force last October, banning discrimination against workers on the grounds of age. Employees can ask to stay on after 65 and employers have an obligation to consider the request in good faith but have the right to turn it down without a reason.

Heyday, a sister organisation to Age Concern, launched a high court challenge to the rules, arguing that by keeping the mandatory retirement age ministers had failed to implement the directive properly. The government agreed to allow the question to go straight to the European court for a definitive answer.

If the court agrees with Heyday it will mean the regulations were wrong all along and will open the way for compensation claims from anyone forced to retire at 65 since October 1 2006. With people living longer and healthier lives but with the prospect of smaller than expected pensions, the numbers wanting to stay on could be large.

When Heyday surveyed more than 56,000 people in their 50s and 60s, 58% said they would like to be able to work after the state pension age. One in four said they had already been forced into retirement by their employer.

Employers will be able to avoid claims if they can produce a good reason other than age for making a worker retire, but this may not be easy. Some businesses are considering abandoning the compulsory retirement age, according to Nabarro Nathanson, a City employment law firm.

Its latest briefing on age discrimination for clients warns: "Employers should review retirement policies and related decision-making procedures. To maintain a compulsory fixed retirement age could lead to a long period of uncertainty and a large number of potential claims.

"On the other hand, to attempt to justify each retirement on objective grounds is a complex process, which many employers had hoped to avoid ... In the face of such uncertainty, some businesses are now considering abandoning a compulsory retirement age altogether."

Sue Ashtiany, head of the firm's employment group and a discrimination law expert, said: "I'm advising employers that if they make people retire at 65, they'd better have a good objective reason for doing so other than the age itself."

I guess the answer is at the moment there is no answer as they are still waiting for a ruling, but it looks likely that you wont be forced to retire at 65. Mind you if Brown and his Cabal had their way we won't be able to retire till 70.

[norbert]

I've be told about by Older Relatives about old women scrubbing steps till they literally dropped .

We're supposed to be Militant Dinosaurs , stuck in the 70's apparently , but the powers that be would like to turn the clock back umpteen years ,probably to Parish Relief and Workhouses .

We all can be rest assured that L&C will be all right though

[Darren Bent]

Why do you want to carry on working for Royal Mail past 65.

[TrueBlueTerrier]

Why do you want to carry on working for Royal Mail past 65.

I don't plan on it either but if they want to why should they stop him if he is up to it and wants to. I've got 20 odd years to go but I hope to be able to reduce the amount of hours I work from around 60. However I do want to keep busy when I retire as I have seen to many people retire and die within a few years because they had nothing to keep them going.

[KawasakiKid]

Why do you want to carry on working for Royal Mail past 65.

Coz I need the money, no pension!!!!!!!!!------------KWAK

[KawasakiKid]

WILL ROYAL MAIL ALLOW STAFF TO WORK PAST 65 OR IS RETIREMENT COMPULSORY? I KNOW IT SOUNDS SAD BUT IS IT AT MANAGEMENT DISCRETION OR IS THERE A GENERAL POLICY, MY MATE HAS SUCH A GOOD DUTY HE WANTS TO CARRY ON, OUR MANAGERS SAY IT WOULD BE OKAY!!!

Had a LTB a test case is ongoing should be finalised by 2009---------------------KWAK

[BELIAL]

I've be told about by Older Relatives about old women scrubbing steps till they literally dropped .

We're supposed to be Militant Dinosaurs , stuck in the 70's apparently , but the powers that be would like to turn the clock back umpteen years ,probably to Parish Relief and Workhouses .

We all can be rest assured that L&C will be all right though

You just so behind the times colon: Peterloo massacre ,poor law relief , It's hip an happening Dude,retro is chic ,let them eat GM hydrogenated cake.Typhoid posse rule ok

[dongash]

I don't want to work past 55 if i can help it!!!!!

[DGP1]

I don't really want to work past 30 but alas I'm too late

[brothermagrew]

WILL ROYAL MAIL ALLOW STAFF TO WORK PAST 65 OR IS RETIREMENT COMPULSORY? I KNOW IT SOUNDS SAD BUT IS IT AT MANAGEMENT DISCRETION OR IS THERE A GENERAL POLICY, MY MATE HAS SUCH A GOOD DUTY HE WANTS TO CARRY ON, OUR MANAGERS SAY IT WOULD BE OKAY!!!

TO ALL BRANCHES WITH POSTAL MEMBERS

Dear Colleague

RE: Age Discrimination Legislation Retention Beyond 65


We have recently received numerous calls within the department seeking advice in respect of management’s approach to individuals who have been working beyond the current retirement age of 65. The business have been utilizing the ‘duty to consider’ procedure to retire our members who are due to either reach the age of 65 or have continued to work beyond 65. In the majority of cases management have refused to continue employment and have dismissed. We have written to Simpson Millar regarding this issue and have recently received some legal advice.

The advice we have received is that it would be impossible to challenge a case unless management slip up in relation to the notification and rationale. If the notification procedures are not followed properly then the dismissal would not be legitimate. It will be possible to attack the rationale for refusing the request if it is one which was very clearly based on inappropriate considerations or ignored undisputed facts. If it is a decision with which one might disagree but otherwise has been taken on rationale grounds then it would not be possible to challenge such a decision.

Branches should also be aware that the President of the Employment Tribunal Services in England and Wales has ordered that age discrimination claims for employees aged 65 or over who have been forced to retire must be “stayedâ€

[norbert]

I've be told about by Older Relatives about old women scrubbing steps till they literally dropped .

We're supposed to be Militant Dinosaurs , stuck in the 70's apparently , but the powers that be would like to turn the clock back umpteen years ,probably to Parish Relief and Workhouses .

We all can be rest assured that L&C will be all right though

You just so behind the times colon: Peterloo massacre ,poor law relief , It's hip an happening Dude,retro is chic ,let them eat GM hydrogenated cake.Typhoid posse rule ok

Don't give people ideas , there are people on comment on this in some of these Tory Papers with views to the right of Hitler , that would have the army turn the guns on picket lines . Surprised Big Al didn't try something similar going by his Senior Mgrs soundbites .

[L Tommo]

Can someone clear something up for me please????


Q: Is it 65 YEARS OLD OR MILES PER HOUR???


OUT

[bexhil palace]

14 Years to go,and it can't come soon enough.
I knackered physically and mentally.

[kwikpost]

WILL ROYAL MAIL ALLOW STAFF TO WORK PAST 65 OR IS RETIREMENT COMPULSORY? I KNOW IT SOUNDS SAD BUT IS IT AT MANAGEMENT DISCRETION OR IS THERE A GENERAL POLICY, MY MATE HAS SUCH A GOOD DUTY HE WANTS TO CARRY ON, OUR MANAGERS SAY IT WOULD BE OKAY!!!

yes you can we have one in our office