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Retirement

• Retirement Re-engagement Procedure

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Retirement Procedure

GUIDANCE NOTES AND PROCEDURE FOR PLANNED RETIREMENT AND APPLICATION FORM TO REQUEST TO CONTINUE WORKING BEYOND NORMAL RETIREMENT AGE

From 1 October 2006 the Employment Equality (Age) Regulations make it unlawful to discriminate on grounds of age.

The Regulations state that retirement will not be treated as unlawful discrimination if the following conditions are met:

• The employee is 65 or over
• The employer has a normal retirement age (NRA) of over 65 and the employee has reached or passed that NRA.
• Stages 1, 2, 3 and 4 are followed below

The Regulations have key features that affect the University's retirement procedures.

Stage 1 - Notification

Planned Retirement Procedure

Although staff may exercise their right to retire earlier, most have a normal retirement age of 65 and some age 67. Each October Personnel Services will notify members of staff who reach age 65/67 in the current academic year that, in accordance with their terms and conditions of employment, their intended date of retirement is 30th September of the following year and that they have a right to request to work beyond their retirement age.

The letter issued by Personnel Services will notify the member of staff that the right to request not to retire at the intended date of retirement (i.e. 30th September of the following year) applies even if a retirement date is stated in their contract of employment. This notification has to be given at least 6 months before the anticipated retirement date.

If the member of staff wishes to retire on 30th September, or an earlier date, they should discuss this with their Head of School and write to Personnel Services, as soon as possible but giving not less than 3 months' notice of their intention to retire.

If the member of staff does not wish to retire they should follow the procedure below and submit the request on the attached application form.

Stage 2 - Request to stay on

Application to Request to Continue Working beyond Normal Retirement Age

The member of staff should complete section 1 of the application form, giving not less than 3 months' notice and not more than 6 months' notice before the intended retirement date. They should state whether they wish to continue indefinitely, for a stated period or until a stated date.

Stage 3 - Consideration

The Head of School has a duty to consider the request and to meet with the member of staff to discuss the request. The meeting should be held within 28 days of the application being received.

The member of staff is entitled to be accompanied by a work colleague or trade union representative to this and any other related meetings. Either party may suggest continuation of employment on an altered working pattern.

The Head of School, in consultation with the Head of College, is entitled to agree or refuse the request. A meeting is not necessary if the employer agrees to the request before the meeting.

The Head of School must inform the member of staff of their decision normally within 14 days, verbally and by completion of section 2 of the application form. A copy of the form, signed and dated, should be provided to the member of staff and a copy passed to Personnel Services. This will state the date on which the retirement will take place and inform the member of staff of the appeal process.

If it is agreed that the member of staff may continue working, Personnel Services will prepare an amendment to their contract, which will include an alternative agreed retirement date and/or a review date.

Where retirement is extended to a future date, the member of staff will have the right to make a further request at that time and the same process will apply.

Stage 4 - Appeal

If the request is declined, the planned retirement will proceed and the member of staff may appeal to Personnel Services against the decision within 7 days of the date of receipt of the decision. The member of staff's notice of appeal must set out the grounds of appeal, be in writing and be dated. The appeal will be heard by the Head of School's line manager (or nominated alternative person) and a member of Personnel Services, normally within 14 days of the appeal being received.

Where the appeal decision is to allow the member of staff to continue working, the decision will be confirmed in writing and an amendment to contract issued, stating the alternative agreed retirement date and/or a review date.

The lodging of an appeal does not have the effect of extending employment beyond the retirement date.

Where the appeal is not allowed, the member of staff will be notified as soon as is reasonably practical, in writing, that the retirement will proceed. There is no further internal right to appeal.