Ask Marina: Can my employer make me retire?

We currently have a national default retirement age of 65. You have received notice, and your employer should also have explained to you that you have the right to request to work beyond your 65th birthday.

If you want to carry on working, write to him at least three months before your 65th birthday to tell him.

After getting your notice he must meet with you to discuss this. You have the right to be accompanied to the meeting by a work colleague.

If your employer refuses your request, you can appeal. But if ultimately your request is refused, as long as your employer has followed the proper process you cannot force him to keep you on.

However, this is the current position. From April 6, 2011 the national default retirement age is to be phased out and will be abolished on October 1, 2011.

Under the current procedure, the employer’s notice must be given not more than twelve months and not less than six months before the employee reaches the age of 65.

If you are 65 after October 1, 2011, your employer will not be able to require you to retire because there will no longer be a default retirement age.

Employers will still be able to retire their employees, but it will no longer be automatic at 65 and will depend on the employer having objective justifications for retiring employees when they want to.

The Government is going to issue guidelines next year, which hopefully will make clear what will amount to an objective justification.

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