BY now you should be aware that on October 1 the Government will be abolishing the default retirement age of 65. In addition, the statutory retirement procedures will also be abolished.

These procedures include writing to an employee within certain timescales giving them advance notice of their retirement date and informing them they have the right to request working beyond retirement.

If an employee does request to work beyond the retirement date, you have to invite them to a meeting to discuss the request and then notify the employee in writing of your decision.

The employee can appeal and then a further meeting needs to be arranged. At all the meetings the employee has the right to be accompanied by a colleague (or trade union representative) employed by the same employer as the employee.

Retirement will also no longer be a lawful reason for terminating an employee’s employment and employers will no doubt be concerned about the implications of potential claims of age discrimination.

With October 1 looming, therefore, any employees who reach the age of 65 on or before September 30, 2011 must be given at least six months’ written notice of the intended retirement date. This means that the last day to provide such notice is April 5.

So, what will employers have to do following the removal of the default retirement age? Is it still possible to retire employees once they have reached for example the contractual retirement age or could employees bring a claim for age discrimination?

The answer is that it will still be possible for you to retire someone who has reached the company’s retirement age provided you can objectively justify doing so. This means that you shall have to prove that it is a proportionate response to a legitimate need/aim.

Examples may include the health and safety of employees or business needs and efficiency.

When making such decisions it is important that you ensure that you keep all records and notes as to how the decision was arrived at just in case it is challenged at a later date.

This is not as easy at it may sound. I suggest that you obtain legal advice before doing so to avoid a claim for age discrimination.

The Government has also introduced an exception to the age discrimination rules so that employers can stop offering employees certain benefits, such as private medical cover and life assurance and private medical cover, beyond their normal retirement age.

This will be a relief for employers who thought the cost of employing older workers would result in higher costs.

Ingrams Solicitors, 10 Great North Way, York Business Park, York YO26 6RB