The current phasing out of the Default Retirement Age (DRA) has left many employers unclear on where they stand when it comes to approaching the topic of retirement with their employees.
Contrary to what many believe, however, the changes in legislation do not mean that employers are not permitted to broach the subject of retirement with their employees. Although employers cannot force an employee to retire (unless this can be objectively justified), they can and should discuss what the future plans of their employees may be.
Ideally, line managers should conduct regular discussions with their employees concerning their career plans in the short, medium and long term. According to ACAS guidance provided in Working without the Default Retirement Age (available on their website), "these discussions do not have to follow exactly the same questions to all employees irrespective of where they are in their careers."
So does this mean that line managers can bring up the topic of retirement with older employees?
Clearly the subject is an important one, and it would be unrealistic to expect the question not to be raised. However, the manager should take care neither to disadvantage the employee in question nor to put any pressure on them to resign.
Employers need to be aware of the future plans of older workers so that they can plan ahead to cope with future staffing needs. This point should be made clear to any employee that is asked about retirement, and it should also be established that asking the question is in no way a suggestion that the worker should retire.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
