Retirement Age (DRA) of 65 Phased out from 2011

20th August 2010
Retirement Age (DRA) of 65 Phased out from 2011 image

Retirement Age (DRA) of 65 Phased out from 2011

As a reader of our newsletter you may be aware, that prior to the general election earlier this year, that there was an attempt by the Labour Government to fast track amendments to the Equality Bill so that the default retirement age of 65 was abolished.  That bid failed, but now the Coalition Government has stated that it intends to phase out the default retirement age of 65.

Currently the law states, in round terms, that an employer can retire an employee at 65 upon the giving of at least 6 months’ notice.  Although the employee has the right to request to work beyond the age of 65, the employer can refuse and does not have to give reasons for the refusal.

If the default retirement age is abolished, the retirement of employees will no longer be a risk free route to dismissing an employee from a business.  The business will face a potential age discrimination case, unless the business can ‘objectively justify’ the dismissal.

Daven Naghen commented that “It is still a little uncertain as to when the changes will happen and how they will happen.  For the moment the default retirement age of 65 remains, so if a business gives an employee 6 months’ notice there is still a good chance that the employee can be successfully and safely retired upon the basis of the current law.  However as and when the changes come, a business should seek legal advice before retiring any of its staff because the risks of a discrimination case will be high.  Performance management procedures will probably be required, to show that the relevant employee’s performance is beginning to drop off.”

If you need advice on retiring a member of your staff then please ring Daven on 01775 722261 or email daven.naghen@maplessolicitors.com


Dementia Friends image

Dementia Friends

Maples Solicitors are proud to announce that they have now joined to become Dementia Friends which is an Alzheimer’s Society initiative.

The private client department of Maples Solicitors prepare Wills and Lasting Powers of Attorney on a regular basis and this often involves dealing with clients who are suffering from dementia. The private client team pride themselves on spending as much time as is necessary to assist all of their clients, but those suffering from dementia often require additional assistance and time to ensure that they have fully understood the legal documentation that they are creating. The private client department are regularly complimented on the way they deal with such clients, whether this be explaining things to them in a clear and uncomplicated manner, spending time with them or putting them at ease.

It is a misconception that anyone suffering from dementia cannot make a Will or Lasting Power of Attorney. Only if someone lacks sufficient mental capacity are they unable to make such a document. It is therefore vitally important upon any diagnosis of dementia that legal advice is taken as soon as possible to make sure that your affairs are in order so that it is easier for your family to deal with your affairs if you are unable to do so yourself.

To become Dementia Friends, Maples Solicitors have pledged to develop their understanding of dementia and continue assisting clients suffering from dementia with their legal affairs in a respectful, friendly and efficient way that is not daunting making the process as easy as possible.

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.