Article Idea: Implications for employers of the abolition of the default retirement age

Following the Government's announcement last week that the default retirement age will be abolished from April this year, employment law specialist David Regan of Mundays Solicitors examines the implications for employers: Alternatives to retirement: Performance management or a 'gentle' conversation - that could that lead to claims of discrimination and constructive dismissal Difficulties of performance managing an older colleague: Indirect age discrimination in performance measures and are these a genuine operational requirement? Positive action: When s.159 of the Equality Act comes into force in April, employers will be able to treat a person with a relevant characteristic more favourably if both are equally qualified - in this case, the relevant characteristic could be age. Therefore, could employers choose to hire older or younger people to 'balance out' their workforces? Should they? Will age be another check added to the 'equal opportunities' checklist that employers make new starters sign, so that employers will show they are 'age-neutral'? How to deal with employees you wish to retain for a set period but you could retire now - get them to sign a Compromise Agreement now with a termination date in that agreement, plus a second agreement (which they agree to sign in the first) which they will sign on their termination date Please let us know if you would like David to extend this into a full article for you. Notes to Editors: Contacts: David Regan, Mundays Solicitors LLP: 01932 590 599 david.regan@mundays.co.uk http://www.mundays.co.uk Lauren Alexander, Maltin PR: 07540 347 001 lauren@maltinpr.com www.maltinpr.com A photograph of David is available at: http://www.maltinpr.com/david-regan Mundays is a leading regional practice which provides quality advice to corporate and private clients. Established in 1960, Mundays has a diverse client base that includes major international and national companies as well as smaller businesses, individuals and families. Mundays specialises in Banking, Construction, Corporate & Commercial, Dispute Resolution, Employment, Family, Insolvency, Private Wealth, Property, and a wide variety of industry sectors.