We have a normal retirement age of 65 but do not wish to enforce mandatory retirement. I want to introduce a policy on employing staff beyond retirement age which will allow us to terminate if necessary. My understanding is that over 65’s currently have no employment rights and could not bring a case of unfair dismissal – however, this seems to sit uneasily with the likely legislation in 2006. Could employees over 65 be kept on using fixed term contracts, reviewed yearly? Or is it best to continue on a permanent basis, stating that employment could be terminated by giving X amount of notice by either side on grounds of capability/health etc??

We want to allow people to remain in their jobs, but also be able to remove them if they are no longer suitable for the role. What if an employee over 65 is not able to perform his/her role but feels they could perfom another role, would we have to keep them on and offer them the different role in order not to discriminate on age (under the new legislation)?

I would be really interested to hear how others are dealing with employment beyond retirement age.

Many thanks
Aby Mason