Under the age regulations right to request arrangements, you will have no rights generally to challenge the decision to retire you if your employer has followed the correct procedures. However, you will have the right to complain to an employment tribunal if your employer has failed to notify you of your right to request to stay on at work.
Your complaint to an employment tribunal must be brought within 3 months of the last date on which your employer should have notified you of your rights – that is not more than 1 year and not less than 6 months before the intended date of retirement. If you did not know the date your employer intended you to retire, you will have 3 months from the date that you knew or should have known that intended date of retirement to bring your claim.
The tribunal will only extend this time limit if it is satisfied that it was not reasonably practicable for the complaint to have been brought within that period (and then only for such further period as it considers reasonable).
If the employment tribunal finds your complaint to be well-founded then it can make a monetary award. Unfortunately, the maximum award which can be made is only eight weeks’ pay. There is also a statutory limit on a week’s pay (£380 from 1 October 2009).
