Does my employer have to give me notice if they want to retire me?

If your employer wishes to retire you, they have a duty to notify you in writing of your right to make a request to stay on and the date on which your retirement is intended to take place. This compulsory notification must be given not more than one year and not less than six months before the intended date of retirement. You and your employer can subsequently agree that the retirement can take place on an earlier or later date, or the employer can notify you that the retirement date is extended to a further date. However, the employer cannot unilaterally bring the date forward.

Where an employer has failed to notify you of your rights they are under a continuing duty to do so, up until 14 days before the intended date of retirement. However, a very late notification is likely to lead to a finding that a dismissal is not because of retirement and therefore may be successfully challenged. A ‘retirement’ dismissal without at least 14 days notice is automatically regarded as unfair under the law.