Investigative Study Essay Example | Topics and Well Written Essays - 2500 words

Investigative Study - Essay Example But from 1 October 2011, employers will no longer be able to dismiss an employee just because they have reached 65 unless they can objectively justify doing so, which in many cases will be difficult to prove. For example, an employer recruiting within the emergency services will be justified in having a retirement age as such a service requires a significant level of physical fitness. ‘When the DRA was introduced in 2006, it was not intended to be subject to initial consultation and review until 2011. This review date was brought forward due to the economic climate and the changes this has brought with it. In addition to this, the Government consider that people are living longer and should therefore be given the right to work longer if this is something they wish to do’(McGowan 2011). Between 6 April 2011 and 1 October 2011, only employees notified before 6 April 2011 and whose retirement date is before 1 October 2011 can be compulsorily retired using the DRA procedures . This effectively means that after 6 April 2011, if procedures have not already been commenced, employers will not be able to compulsorily retire employees without objective justification for doing so. a. Discussion of the implications to employees e.g. assessment of fitness to work, HRP, L&D, compliance with equality legislation The implication of this for employers is it may cost the business more in terms of insured benefits like life insurance and private medical coverage beyond the normal retirement age. The Government responded by stating that an exception will be introduced to the age discrimination rules so that employers do not suffer a detriment in this respect. However, this has not been confirmed yet. Employers can no longer simply rely on an employee reaching 65 for retirement to occur. This has the potential of affecting succession planning in an employer’s business. Employers are therefore under more pressure than ever to introduce policies and procedures that deal with the workforce generally such as work force planning and formal performance management procedures. The default retirement age of 65 for employees is currently an important exception to the ban on age discrimination in the workplace. Currently, if the statutory retirement procedure is followed employees cannot bring legal claims against their employer for forcing them to retire. Employees can ask to continue working, but employers are under no obligation to say yes. ‘The statutory retirement procedure requires an employer to notify an employee of their intended retirement date no more one year and no less than six months before that date’ (http 2010). ‘Less than a quarter of employers are in favour of scrapping the default retirement age of 65, while even fewer have made plans for it, according to new research’ (GP Business 2011). Law firm DWF's study discovered that only 24% think the new regulations that come into effect on April 6 this year are a good idea and just16% have made provisions for the change. In the wake of the findings, DWF held an HR directors' forum in