PERSONNEL - 17.04.2018

Q&A - questions about retirement

Q. One of our employees is in his 60s but hasn’t mentioned anything about retirement. As a small business, it would be helpful to know this information. Can we ask about his retirement plans or not?

A. This question isn’t unlawful but the problem is that the employee could allege age discrimination on the basis you are pressurising them to retire. The safer option is to ask every employee “what are your aims and goals for the next five years?” during their annual appraisal. This will prevent age discrimination allegations and give you a clearer overall picture of your employees’ plans and intentions.

If you want to know if an employee plans to retire, don’t ask that question directly - they could use it to allege age discrimination. Instead, ask every employee what their personal aims and goals are for the next five years during their annual appraisal. This is a perfectly safe question.

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