Employers should operate a compulsory retirement age only if it can be justified. For example, employees in some jobs where a high level of fitness or agility is required to undertake the role may be subject to an “employer-justified retirement age” for health and safety reasons.

An employer that does not retain an “employer-justified retirement age” can retire individuals on a case-by-case basis if it can justify them. The employer must ensure that retiring the employee at the particular age is a proportionate means of achieving a legitimate aim. For employees who plan to go voluntarily, the employer should encourage them to discuss their plans, to assist the employer in planning its workforce requirements.

Photo: Sean Pavone/Shutterstock

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