Health & age concern

[makingsounds]

Is there any guidance or recommended way forward for a member who is over 65 (67) and has health issues which prevent him doing outdoor delivery work. He wants to continue working but his manager who has been very supportive, can no longer sustain him working indoors (it's been highlighted by covering managers).

What options are available to him in regards Ill Health Retirement at the age of 67 or any other exit package because he's not going to get a transfer to a Mail Centre etc?

[tramssirhc]

Is the contract being renewed on a regular basis?

[makingsounds]

Is the contract being renewed on a regular basis?

No renewal, just a continuation...

[tramssirhc]

Workers have been accommodated well into their 70's. If the individual worker wishes to continue past the normal retirement age we have plenty of examples of workers being accommodated. The renewal of contracts past the normal retirement age is discretionary however.

[redlen]

What is this about contracts past the normal retirement age is discretionary?

Any evidence/links to substantiate such a comment?

There is no such thing as a default retirement age being a protected characteristic

[tramssirhc]

What is this about contracts past the normal retirement age is discretionary?

Any evidence/links to substantiate such a comment?

There is no such thing as a default retirement age being a protected characteristic

Feel free to quote the legislation word for word that proves me wrong.

[redlen]

You will not get away with it that easy.
You made the statement so asking you to substantiate, or withdraw it.

[redlen]

https://www.local.gov.uk/our-support/wo ... ides/age-0

[tramssirhc]

https://www.local.gov.uk/our-support/wo ... ides/age-0

Employer can lawfully terminate contracts based on age with it being lawful to apply an age limit to the type of work, i.e. fire fighters. The absolute irony here is that the employer is seeking to terminate an employment because it cannot accommodate a worker past the normal retirement age. No doubt you believe that LIFO is illegal too.

[redlen]

Irrelevant as you applied the scenario to a Royal Mail worker that does not require a contractual designated level of fitness etc that the military and emergency services do such as basic fitness tests. Even then termination will be a last resort due to reasonable adjustments being a statutory requirement.

So will ask again, and again

Show me the link where Royal Mail can terminate your contract of employment on statutory retirement age as a contractual undertaking?

And this time look at the legislation for your answers, and not Google

Try s.5 and s.20 Equality Act 2010 with provision criterion or practice.

[Smoothbackground]

While “compulsory retirement age” is no longer enforceable by employers in the vast majority of cases, even where there is a clause in an employment contract, the Supreme Court has held that compulsory retirement can be permissible in certain situations. The 2012 Supreme Court judgment in Seldon v Clarkson Wright & Jakes [2012] UKSC 16 is the leading legal authority on the point. A layman’s summary can be found here - https://www.supremecourt.uk/cases/docs/ ... ummary.pdf. One can easily see the “legitimate aims” mentioned being applicable to RM employees.

[tramssirhc]

Even Age UK who campaigned for the ending of default retirement age acknowledge that employers can terminate contracts based on age. There's nothing progressive for the working class in there being no defined retirement date. The current legislation has allowed the government to increase the age for receiving the state pension and encouraged employers to implement shoddy pension schemes. Workers should have a defined age of retirement. The working class is being exploited as a result of having no default retirement age.