DEFAULT RETIREMENT?AGE
Q.WILL FIRMS STILL BE ABLE TO GET RID OF STAFF THAT ARE “TOO OLD”?
A.It will be much, much harder. Companies will have to begin a performance management process to prove that a member of staff is no longer able to carry out their duties effectively. Even if they can prove that an employee is underperforming, they will have to give them ample opportunity to try and improve, potentially delaying the point at which they can terminate employment by months or even years.
Q.CAN AN EMPLOYEE APPEAL AGAINST DISMISSAL?
A.Disgruntled employees will be able to take their employer to tribunal if they think they are still performing adequately in their job.?The employer will not only have to prove they were right to dismiss the staff member on performance grounds, but also that they are being even-handed across the workforce.?Otherwise they could stand open to accusations of age discrimination.
Q.CAN A FIRM INTRODUCE ITS OWN COMPULSORY RETIREMENT AGE?
A.In theory, yes, but it will be very, very difficult. Firms would have to prove that there was a good reason for a compulsory retirement age that applied across all types of roles in the business. Although likely to be very costly, most firms will probably want to go down the route of dismissing employees for performance-related reasons.