RETIREMENT POLICY

The aim of this policy is to set out the procedure adopted by Fastklean Ltd for compulsory retirement of employees. It does not affect voluntary retirement. The provisions set out in the policy reflect the requirements of the Employment Equality (Age) Regulations 2006.

We are committed to adopting a flexible approach to retirement and recognise the benefits that it can have for both Employees and the organisation as a whole.

This policy covers Employees only. It does not apply to freelance workers or directors. 

1 Normal Retirement Age

1.1 The normal retirement age for all Employees is currently 5. This will be kept under review to ensure that it meets current legislation.

• Compulsory retirement of an Employee under this policy cannot take place before they have reached their normal retirement age but can take place at any point after the normal retirement age has been reached. This does not affect an Employee’s ability to take voluntary early retirement.

2 Retirement Procedure

2.1 Between 6 and 12 months before the date on which we intend an Employee to retire we will give that Employee written notice that his/her employment will terminate by reason of the retirement on the intended retirement date. This notice will not be less than any notice of termination to which the Employee is entitled under his/her contract of employment. At the same time, we will give the

Employee written notice of his/her right to make a request to carry on working beyond his/her intended retirement age.

2.2 If the Employee wishes to continue working after his/her intended retirement age he/she should send in a request in writing to his/her manager or supervisor 3 to 6 months before the intended retirement age. The Employee should state whether he/she would like to continue working indefinitely, for a specific period, or until a specific date. Only one request may be made with respect to any intended retirement date. If the Employee does not make a request, his/her employment will terminate on the intended retirement date.

• On receiving a request to work beyond the intended retirement date, we will arrange a meeting with the Employee to discuss it. We will aim to hold the meeting no more than 14 days after receiving the request if that is possible. If the Employee cannot attend the meeting at the specified time he/she should contact the person considering the request who will endeavour to re-arrange it. If the meeting cannot be arranged at all within a reasonable time, we may ask the Employee to make representations in writing to enable us to consider the request without a meeting. A meeting will not be necessary where we write to inform the Employee that we agree to the request in full. 

• An Employee may bring a colleague to the meeting as a companion if he/she wishes. The companion will be entitled to speak during the meeting and confer privately with the Employee but may not answer questions on the Employee’s behalf. If the chosen companion is unable to attend the meeting at the time specified, the Employee should contact the person considering the request who will try to re-arrange it. If the meeting cannot be re-arranged within 7 days of the original date, we may suggest that the Employee brings a different companion or comes alone. 

• We will give the Employee our decision in writing normally within 14 days of the meeting. If we agree to the request either in full or with modifications we will set out the arrangements in writing. 

We will confirm whether the employment will continue indefinitely or for a fixed period in which case will confirm the new retirement date. Any agreed changes to the Contract of Employment will also be set out as appropriate. 

• If we refuse a request, we will write to confirm the date on which the employment will terminate. We will also include written confirmation of the right of appeal. We are not obliged to give reasons for refusing a request but may do so at our discretion.

3 Appeals

3.1 If we refuse the request or we agree to a shorter period of continued employment then the Employee had requested, the Employee may appeal against the decision. Appeals should be sent in writing no more than 7 days after receiving the decision.

3.2 On receiving the appeal we will arrange an appeal meeting. The meeting will normally be with a manager more senior than the manager who made the original decision. We will aim to hold the appeal meeting no more than 14 days after receiving the appeal where possible. If the Employee cannot attend the meeting at the specified time he/she should contact us and we will endeavour to arrange the meeting. If a meeting cannot be arranged at all within a reasonable time, we may ask the Employee to make representations in writing to enable us to consider the appeal without a meeting. An appeal meeting will not be necessary where we write to inform the Employee that we agree to the appeal in full.

3.3 The Employee may bring a colleague to the appeal meeting as a companion if he/she wishes. The companion will be entitled to speak during the meeting and confer privately with the Employee but may not answer questions on the Employee’s behalf. 

If the chosen companion is unable to attend the meeting on the date specified, the Employee should contact us and we will try to rearrange the meeting. If the meeting cannot be arranged within 7 days of the original date we may suggest that the Employee brings a different companion or comes alone. 

3.4 We will give the Employee our final decision in writing, normally within 14 days of the meeting. If we agree to change our original decision we will set out the new arrangements in writing. We will confirm whether the employment will continue indefinitely or for a fixed period, in which case we will confirm the new retirement age. Any agreed changes to the Contract of Employment will also be set out as appropriate. 

3.5 If we refuse the appeal we will write to confirm the date on which the employment will terminate. We are not obliged to give reasons for refusing an appeal but may to do so at our discretion.

4 What happens next

4.1 Following any requests, if the employment is extended for a fixed period of 6 months or less beyond the intended retirement date, the employment will terminate automatically at the end of that period without the need for any further procedure.

4.2 If the employment is extended for a fixed period of more than 6 months or without fixing a new retirement date, this procedure will be followed again before compulsory retirement can take place.

5 Pensions

5.1 Working beyond your normal retirement age may have implications for your pension benefit. For further information on pensions please contact your pension provider.

6 Complaints

6.1 If the Employee believes that we have not complied with this policy, he/she should raise the matter informally at first with the person concerned. If this does not resolve the issue it can be raised formally through the grievance procedure. 

Next Review Due: October 2018.