employee who has passed retirement age..

[DCP]

Can you replace an existing employee who has passed the retirement age?
I have a lady who has worked with us for around 5 years. She is over 60.

I would like to replace her for someone who has better computer knowledge.

Can I end her employment and hire someone else?

 

[gordano]

The default retirement age is being phased out from 6 April 2011. So if you want to retire someone at or over pensionable age you should act before then. Once the default retirement age is axed completely (I think October 2011) you will need to use normal performance review / capability procedures to terminate employment.

It is best to speak with an employment lawyer.

 

[DCP]

I'm not sure if she is 65 yet.
If she is say 63, can I issue her with a notice of forced retirement before april, and will that stand until she reaches 65?

 

[thetime22]

I don't know why but I kind of feel sorry for this lady. I don't know who she is or anything, I know nothing about the situation but for some reason i feel sorry for her.. This could be someone's mother.. Thumbs up if you randomly stumbled across this thread and don't want this lady forced into retirement. Who is with me?

 

[DCP]

you don't know her...

 

[obscure]

You could hire someone else and teach them everything that this lady already knows about your business or you could just train her to be better with a computer. The latter seems like a far more sensible option from a business point of view.

Since the new age discrimination legislation came in a few years back you need to be very careful about terminating someone like this (and rightly so). If you decide to follow this path you should talk to an experienced employment lawyer. There are certain steps which, if you fail to follow them, will result in a tribunal making a virtually automatic judgement in the employees favour.

 

[virtuallysorted]

Yup - I'm thinking that the lady is perfectly within her rights to keep the job - as long as she's capable of doing it. If she needs to be a computer whizz, you need to provide her with training and if she isn't capable of picking it up THEN have a discussion with her.

But kicking her out because she's old? That's pretty mean! I bet she doesn't turn up late or send emails with txt spk or wear inappropriately short skirts either.