Q: My mum has worked in one job all her life. She started working for a company when she was 19. She is now 67. My dad fell ill a few years ago and she reduced her hours to one or two days a week and she has kept that up. Her employers are now talking about her retirement. It is not a physical job and she seems to enjoy the mental challenge, even if she is finding it a little bit harder as time goes on. She does not particularly want to retire off her own bat. Nor does she want to be told to retire. But I think if she or her employer had no choice in the matter then she would accept it. Can you give me any advice?
A: The first thing you should look at is whether your mum has a contract of employment, or whether there is a company handbook or something similar. That might set out a mandatory retirement age for all employees.
If your mum never signed a contract – which is possible given that she has been an employee for almost 50 years – or if her contract or employee handbook does not specify a mandatory retirement age, then it is possible that she could not be forced to retire.
Even if there is a mandatory retirement age set out in her contract or employee handbook, it can only be enforced if it is justified by a legitimate aim, and only where such early retirement is appropriate and necessary.
There is a code of practice employers must follow when mandatory retirement is looming.
Employers must notify the employee within six to twelve months of the retirement date, have a meeting with the employee to explore duties up to retirement, etc. They can also discuss the possibility of extending work past the mandatory retirement age as set out in the contract.
If she feels that she is able to continue to work, she could ask to remain or to challenge the mandatory retirement clause in her contract.
Your mother should also be aware that she may be entitled to an increased State pension if she continues to work into her 70s. However, if she has a private pension, she may not be able to draw it until she retires.
All that said, if she is only doing limited hours, it might make financial sense to retire.
There are certain jobs where there is a statutory retirement age – that is, where there is an age set down in law. These are usually public sector positions. If she holds such a job, there may be no flexibility either on her part or her employer’s part.
It is obviously a difficult decision for your mum to think about giving up a job that she enjoys after nearly 50 years. If she is in any way uncertain about her rights or entitlements, she should contact her solicitor.
