Our Employment Legal Hour is hosted by Gary Smith, Partner in our Employment Department.
If you require further help regarding employment law please phone us on 01279 755777 or contact Gary Smith directly.
Our Employment Law Team will be hosting the Nockolds Legal Hour on the following dates:
|Wednesday 10th January 2018 ||12pm - 1pm |
|Wednesday 21st February 2018 ||12pm - 1pm |
|Wednesday 4th April 2018 ||12pm - 1pm |
|Wednesday 16th May 2018 ||12pm - 1pm |
|Wednesday 27th June 2018 ||12pm - 1pm |
Our Latest Legal Hour Questions (08.11.17) Read your previously answered questions here
I would like to make a request for flexible working – what does this process involve?
All employees have the right to make a flexible working request and the procedure for doing so should normally be detailed in your employee policy handbook.
Legislation states that any request must be made in writing to your employer setting out key facts such as why you wish to make the change. Your employers’ policy handbook should detail exactly what information is required in the application.
On receiving the request, your employer is obligated to discuss the application with you as soon as possible, as the law requires that the consideration process must be completed within three months of receiving the request.
When deciding whether to the grant the request, your employer will likely take into consideration the advantages, disadvantages and costs of the request. Any decision made by them, will have to be communicated to you in writing and if the request is granted, the response should clearly set any changes to your employment terms and conditions.
I am near retirement age but not planning on retiring anytime soon. I feel as though my employer is pushing me to leave – can they force me to retire before I want to?
A compulsory retirement age is generally no longer permissible and is considered to be age discrimination. However depending on your employer and the nature of your job, it is possible for your employer to impose a compulsory retirement age in order to achieve “a legitimate aim”. For example if it can be shown that your health and safety or those of your colleagues may be put at risk by having older employees or to promote the access to employment for younger people or sharing out employment opportunities between generations.
If there is no express term in your employment contract which includes a compulsory retirement age, then any attempt to force you to leave your job would be seen as age discrimination. There have been several cases where employers have asked older employers to leave or have made them redundant to make way for younger staff, and in the majority of these, a tribunal has found in favour of the employee, ruling that age discrimination has taken place.
A successful claim for direct age discrimination is likely to be very costly for an employer and therefore the majority are likely to avoid this as far as possible.
If you would like more advice or help on this issue, please contact a member of our employment team.