Can an employee be made to retire from work?
There are instances and we all know this where a worker an employee is not doing their job
so well, maybe even doing it badly and there are instances where perhaps some of us comes
to the end of our working life in a particular job and where perhaps we even compromise that
the safety and well-being of those around us. In an instance like that an employer can
genuinely say I’m thinking typically might be an older worker might not but might be
this person now does need to do something different because they’re not performing well
and that would be a capability issue, that would justify perhaps a person now but again
it will be based on the individual it should not be based, on oh they’re over a certain
number in terms of their age based on this individual happens not to be performing so
well and there it can be justified. Can employers justify putting a retirement
age in their terms and conditions? For the last few years it’s been the law that
you generally don’t have a compulsory retirement age it needs to be down to what the individual
can do so the short answer the simple answer to that is no.
Can an employer retire an older employee whose performance has deteriorated but who is reluctant
to retire voluntarily? Certainly when it becomes a capability issue
person really is managing to do the job well then it is possible to ask that person to
leave that job but to do it on grounds of retirement is possibly the wrong way to do
it it’s more a capability issue and it’s down to doing it hopefully gently and reasonably
by the employer but if there are objective reasons like that of course it is right that
something should be done as fairly and gently as possible looking at alternatives.