Retirement Policy & Procedure - Wales 10.009.9.3 Retirement...ready to retire. Your manager will ......

of 37 /37
Retirement Policy & Procedure Rev Date Purpose of Issue/Description of Change Planned Review Date A December 2009 Initial Issue 12 months Author Responsible Officer Approved by Date Workforce Policies & Procedures Group Director of Workforce and OD Health Board Proprietary Information This document contains proprietary information belonging to the Betsi Cadwaladr University Health Board. Do not produce all or any part of this document without written permission from the Health Board.

Transcript of Retirement Policy & Procedure - Wales 10.009.9.3 Retirement...ready to retire. Your manager will ......

Retirement Policy & Procedure

Rev Date Purpose of Issue/Description of Change Planned Review

Date

A December 2009 Initial Issue 12 months

Author Responsible Officer Approved by Date

Workforce Policies & Procedures Group

Director of Workforce and OD

Health Board

Proprietary Information This document contains proprietary information belonging to the Betsi Cadwaladr University

Health Board. Do not produce all or any part of this document without written permission from the Health Board.

Policy Reference No WP2 Version No: V1.6

Page 1 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Retirement Planning What Do I Want to do/What are my Circumstances?

What are my circumstances?

Quick Response See Section(s) within Policy:

Approaching 65 and planning to retire as “normal” on 65th birthday.

Your manager will write to you 12 months before your “normal retirement date” to confirm the date on which you are due to retire.

Section 6

Approaching 65 (or already working beyond age 65) but not ready to retire.

Your manager will write to you 12 months before your “normal retirement date” (or revised agreed retirement date) to confirm the date on which you are due to retire, and this letter will contain details of how you should request to continue working beyond this date. Appendix B(i) Section B contains the form you will need to complete and submit, following which your manager will arrange a meeting with you to discuss your request.

Sections 7 & 8

Approaching 60 and want to know what options are available to me as I approach normal retirement age.

Options may include (depending upon your own circumstances): • ’24-hour break’ and return to work • Voluntary Early Retirement • Wind Down – working fewer days or hours • Step Down – moving to a less demanding role • Draw Down – early access to pension benefits

(Members of 2008 New NHS Pension Scheme only)

Section 10 Section 5 Section 4 Section 11 Section 12 Section 5.2

Over 50, not a member of the special classes, and in1995 NHS Pension Scheme (Amended), or Over 55 and in the 2008 New NHS Pension Scheme and want to know how I might retire early. Members of the Special classes:- These are Nurses, Midwives, Physiotherapists, Occupational Health Nurses, Health Visitors and Mental Health Officers, and have special retirement rights if they joined the Scheme and held that status before 6 March 1995.

Provision is made under both the 1995 NHS Pension Scheme (Amended) and the 2008 New NHS Pension Scheme for members to choose voluntary early retirement. Benefits are reduced because they will be in payment for a longer period of time. You can choose to take Voluntary Early Retirement at any time from the minimum pension age. Female members of the special classes can retire from age 55 with no reduction to benefits provided their last 5 years membership is in one of these jobs. Men in any of these jobs can claim their benefits for membership from 17 May 1990 from age 55, but benefits for membership before that date will be reduced under the voluntary early retirement scheme or paid at age 60. Note: Special class status does not apply in the 20 08 New NHS Pension Scheme .

Section 4

Notes: (1) In all circumstances, you should seek expert ad vice on Financial Planning and talk to the Pensions Department for advice on your pension opti ons. (2) All staff are encouraged to read sections 1.4 ( Principles) and 2 (Main Provisions)

Policy Reference No WP2 Version No: V1.6

Page 2 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Betsi Cadwaladr University Health Board

Retirement Policy and Procedure

Content

1. Introduction 1.1 Scope 1.2 Purpose 1.3 Aims 1.4 Principles

2. Main Provision 3. Retirement Ages

4. Early Retirement

5. Accessing NHS Pension Benefits before Normal Retirement Age & Continuing to

Work

5.1 Members of the 1995 NHS Pension Scheme (Amended) 5.2 Members of the 2008 New NHS Pension Scheme

6. Intention to Retire at age 65

7. Request to Work beyond age 65

8. Continuing to Work beyond age 65 and Further Requests

9. Reckonable Service

10. Flexible Retirement Options prior to retirement

11. “Wind Down”

12. “Step Down”

13. Bank/Relief Register

14. Redundancy

15. Preparation for Retirement

16. Recognition of Service

17. Further Information

Policy Reference No WP2 Version No: V1.6

Page 3 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix A: State Retirement Pension Table for Female Employees (born between 1950-1955 unless they joined the pension scheme after 6th March 1955). Appendix B (i): Normal Retirement Age Application Form Appendix B (ii): Under Normal Retirement Age Application Form Appendix C: Letter informing employee of retirement on intended date Appendix D: Letter informing employee of meeting to discuss request not to retire Appendix E: Letter confirming retirement on intended date Appendix F: Letter to employee notifying the result of the appeal Appendix G: Letter informing member of staff that the BCUHB is happy for them to continue working until normal retirement age (i.e. up to 65) Appendix H: Letter informing member of staff that BCUHB is happy for them to continue working beyond normal retirement age (i.e. staff over the age of 65) Appendix I: Annex 5 of ACAS Guidelines Appendix J: Questions and Answers Appendix K: Case Law

Policy Reference No WP2 Version No: V1.6

Page 4 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Betsi Cadwaladr University Health Board Retirement Policy and Procedure

1. Introduction

1.1 Scope

The policy and procedure applies to all employees of Betsi Cadwaladr University Health Board. Special provisions are included within the Policy which may only apply to specific staff groups.

1.2 Purpose The purpose of this policy and procedure is to ensure that a fair and consistent approach is taken when individuals wish to take retirement and when individuals wish to return to work following retirement.

1.3 Aims

The aims of this policy are: 1.3.1 To provide guidance and support for staff in considering options available 1.3.2 To provide guidance to managers 1.3.3 To ensure a fair and equitable process is followed 1.4 Principles 1.4.1 This document complies with the Pensions Act 1995 in relation to pensionable ages and

equal treatments and with the Employment Equality (Age) Regulations 2006. Where practicable a flexible approach to retirement will be followed. All staff will have access to advice to assist them to plan and prepare for their retirement. Staff will be treated with dignity and respect in all arrangements concerning retirement. All staff will be treated fairly and equitably.

1.4.2 The Age Regulations make age prejudice, ageism and many employment decisions

based purely on age unacceptable and unlawful for people of any age. Demographic change is having an effect on the political, economic and social life of people everywhere. Fixed retirement ages are being seen as inequitable.

1.4.3 The Age Regulations currently set a default `normal’ retirement age of 65 and is due to

be reviewed in the near future. 1.4.4 The legislation confers the right for employees to request to continue working beyond

normal retirement, and the manner in which these discussions are managed will have a powerful impact on the way people feel respected and valued by the BCUHB.

1.4.5 The Organisation is not required to agree to requests to work beyond normal retirement

age. Managers are not required to but are advised to as good practice to give business /operational reasons why a request cannot be honored beyond 65. Advice from the Workforce/OD team must be sought at all stages of the process.

Policy Reference No WP2 Version No: V1.6

Page 5 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

1.4.6 Betsi Cadwaladr University Health Board aims to support its staff as they approach

retirement from work. It is the policy of the Organisation to continue to employ staff up to the age 65, and must consider any requests to work beyond this.

1.4.7 Performance issues need to be addressed when they arise, through properly carried out

and well documented performance appraisals and development throughout a person’s working life and should not be overlooked because someone is approaching 65.

1.4.8 Each case will be assessed on its particular circumstances before making any decision

on continuation of employment, an employees retirement and return to work, working beyond normal retirement date, and offers of re-employment following retirement. Any decision made must be fair and non-discriminatory.

1.4.9 Provided a prescribed procedure is followed the Regulations allow the organisation to

fairly dismiss an employee on the grounds of “retirement” at or above age 65 if they wish to but must be justified.

1.4.10A key element in the procedure is service of a notice of intention to retire the employee,

which must also notify them of their right to request to work beyond the intended retirement date.

2. Main Provisions 2.1 Normal retirement age is on the day of the employees 65th birthday. This is because the

Regulations only provide for an exemption from the Age Discrimination Rules allowing employers to retire employees at or above 65, and also “after set” retirement ages within their organisation, that are above 65 (i.e. where agreement given to work to a set retirement age after 65). The dismissal of those over 65 will still be “unfair” if the new retirement procedures are not followed.

2.2 The age at which NHS pension scheme can be paid will depend upon which scheme

they belong to. It is important for staff to ascertain which scheme they belong to. From 1st April 2008 a new scheme was introduced for staff first joining the NHS. This is referred to as the 2008 New NHS Pension Scheme. New entrants to the NHS automatically become members of the ‘New NHS Pension Scheme’. The existing scheme was amended, and this is now referred to as the 1995 NHS Pension Scheme (Amended). Members of the 1995 NHS Pension Scheme (Amended) will be given a one off choice to transfer to the 2008 scheme. Further information on both schemes and the choice option can be found on the NHS Pensions Agency website at www.nhsbsa.nhs.uk/pensions.

2.3 The Organisation will give 12 months notice of the retirement date to employees, and will

comply with the procedures set down in the regulations and this Policy, to consider any request to stay on past the intended retirement date. In order to claim NHS Pension Scheme benefits at whatever age, an employee must retire. See Appendix C.

Policy Reference No WP2 Version No: V1.6

Page 6 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

2.4 The employee must make a request to continue working beyond normal retirement age at least 3 months (preferably 5 months) before the due date, and the Organisation will normally invite them to a meeting to discuss it. It is important to note that the organisation is entitled to refuse this request and in this event Managers will provide a written reason. This is known as the `duty to consider’ procedure. Employees have a right to appeal against a decision to refuse. See Appendix E for details.

2.5 If the Organisation fails to notify the employee up to two weeks before the retirement

date, the employee can claim compensation of up to eight weeks pay. After that, normal unfair dismissal compensation rules apply.

2.6 Where there is a request to work beyond the normal retirement age and there is a

refusal, or the employee does not provide 3 months notice of their intention to retire at the normal retirement age, the Organisation will retire the employee on the 65th birth date. This should be confirmed in writing giving 3 months notice of retirement.

2.7 Where the employee gives 3 months notice of retirement this is a voluntary resignation. 2.8 Where agreement is given to work beyond the normal retirement age to a new set

retirement date, provided that NHS Pension Scheme benefits are not being claimed, no break in service is required. This is continuous service (see section 9 reckonable service).

2.9 Where a request has been made to work to a further ‘new set retirement date’ but is

refused (and confirmed following an appeal), the organisation will retire the employee giving 3 months notice (Appendix F).

2.10 The organisation recognises that some staff will express an interest in retiring before the

normal retirement age or may seek to “wind down”. This policy explains the possible options available to facilitate this transition.

2.11 This policy takes account of recommended good practice contained within the

Department of Health document ‘Working Lives Flexing Retirement’. 3 Retirement Ages 3.1 The normal retirement age for staff within the Organisation will be “on the day of the 65th

Birthday”. 3.2 Under the 1995 NHS Pension Scheme (Amended), the normal retirement age (age at

which benefits can become payable) for most scheme members is 60, but you can choose to retire before or after normal retirement age. In all cases you cannot be a Scheme member after age 75 (age 65 for “special classes”).

3.3 Under the 1995 NHS Pension Scheme (Amended), members of the “special classes”

who are Nurses, Midwives, Physiotherapists, Occupational Health Nurses, Health Visitors and Mental Health Officers, have special retirement rights if they joined the Scheme and held that status before 6 March 1995. “Special classes” are generally able

Policy Reference No WP2 Version No: V1.6

Page 7 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

to retire with pension benefits from the age of 55. The maximum age to which members of the “special classes” can contribute to the NHS Pension Scheme is 65. Further clarification can be obtained from the “A Guide to the NHS Pension Scheme (Amended)” booklet which is available from the NHS Pensions Agency website or the Organisation’s Pension Department.

3.4 Under the 2008 New NHS Pension Scheme the normal retirement age is 65, but you can

choose to retire before or after normal retirement. Further clarification can be obtained from the “A Guide to the New NHS Pension Scheme” booklet which is available from the NHS Pensions Agency website or the Organisation’s Pension Department.

4. Early Retirement 4.1 Provision is made under both the 1995 NHS Pension Scheme (Amended) and the 2008

New NHS Pension Scheme for members to choose voluntary early retirement. Benefits are reduced because they will be in payment for a longer period of time. You can choose to take Voluntary Early Retirement at any time from the minimum pension age.

4.2 The Finance Act 2004 allows for protection of a minimum pension age of 50 for members

who had the right to take reduced benefits at that age on 6 April 2006. This protection may continue as long as members retiring early after 6 April 2010 take all their benefits payable under scheme rules. For those without protection, members who first joined and some who returned to the scheme after 6 April 2006, and those who opt to move to the new pension scheme, minimum pension age will change from 50 to 55 from 6 April 2010

4.3 It is a requirement of the NHS Pensions Agency that applications for retirement are

submitted to them three months in advance, to ensure that scheme benefits are paid on time. In order for the organisation to fulfill this requirement, this process needs to start at least 4 months in advance – this means that each individual must inform their manager and the Pensions Department as soon as possible of their impending retirement

4. 4 There are particular provisions for “Special Classes” of employees as defined in Section

3.3 above. Further information is available from the Organisation’s Pensions Department and on www.nhsbsa.nhs.uk/pensions

4.5 Where a member of staff is considering Voluntary Early Retirement they should check

their entitlements with the Organisation’s Pension Department. Benefits are reduced because they will be in payment for a longer period of time.

4.6 Other circumstances under the Amended or New Pension Scheme in which early retirement can occur are as follows: 4.6.1 Ill health retirement (refer to Ill Health Retirement/Termination Procedure) 4.6.2 Premature retirement due to re-organisation or redundancy (refer to Re- organisation of Service and Redundancy Policy) 4.6.3 Premature retirement in the interests of the efficiency of the service (refer to Redundancy

Policy).

Policy Reference No WP2 Version No: V1.6

Page 8 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

4.6.4 Premature retirement on grounds other than ill health will only occur in exceptional circumstances and at the discretion of management.

4.7 In order to qualify for early payments of NHS pension scheme benefits, staff must have

accrued a minimum of two years pensionable service. 4.8 Managers must ensure that staff who are due to retire take all of their annual leave

entitlement prior to their date of retirement. 5. Accessing NHS Pension Benefits before Normal Ret irement Age and Continuing to

Work 5.1 Members of the 1995 NHS Pension Scheme (Amended): 5.1.1 The scheme allows retirement benefits to be paid because you are retiring and therefore you need to have a minimum break of 24 hours in order to qualify. 5.1.2 If you are working in more than one NHS job, you would normally have to have a `24

hour break’ from them all before you can claim your retirement benefits. Benefits are based on all your membership up to the date of retirement and you’re not able to rejoin the scheme if you return to NHS work.

5.1.3 If you retire and then continue to work in the NHS within one calendar month your

pension will be suspended and you may have to repay all or some of the pension you have received. Jobs in the NHS totaling 16 hours or less a week are ignored for this purpose. You will be able to keep your lump sum.

5.1.4 You cannot be a member of the 1995 NHS Pension Scheme (Amended) once you’ve

been paid Scheme benefits unless you have retired because of ill health and you return to NHS work before reaching age 50.

5.2 Members of 2008 New NHS Pension Scheme :

5.2.1 You are able at age 55 to take some of your pension if you reduce pay by switching to

lower paid job or reducing hours. This is called “draw down” of pension benefits. You do not need to take a break in employment to “draw down” some of your pension. You can “draw down” to a minimum 20% and maximum 80% of your own pension entitlement earned to date whilst continuing to build up further membership. Benefits drawn down prior to age 65 are subject to an actuarial reduction because they are being paid early.

5.2.2 Retirement benefits are paid because you are retiring and you need to have a break of at

least 24 hours in order to qualify for retirement benefits. This is called a `24 hour break’.

5.2.3 If you are working in more than one NHS job, you would normally have to have a `24 hour break’ from them all before you can claim your retirement benefits. Benefits are based on all your membership up to the date of retirement.

Policy Reference No WP2 Version No: V1.6

Page 9 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

5.2.4 If you retire later than your 65th birthday your pension benefits will be increased by the application of late retirement factors.

5.2.5 If after a 24 hour break you return to NHS employment and are under age 75, you can

build further membership in the scheme up to a maximum limit of 45 years and qualify for a 2nd pension. Further NHS employment will not affect your existing pension unless under age 65 when you return to work and are receiving either an ill health pension, or retire early on grounds of “interests of efficiency”.

6. Intention to Retire at age 65 6.1 If the member of staff intends to retire at age 65 they should notify their line manager in

writing of their intention to retire at least 3 (preferably 4) months prior to the retirement date.

6.2 For members of the NHS Pension Scheme who have not accessed retirement benefits,

at least 4 months notice in writing should be provided to enable the NHS Pensions Agency to deal with the application. The 4 months notice is required to ensure that if a pension needs to be processed it is available on the date required, but also to enable the manager to succession plan. Staff leaving form must be completed at this point and a copy sent to the pensions department .

6.3 Managers must ensure that staff who are due to retire take all of their annual leave

entitlement prior to their date of retirement. 7. Request to Work Beyond age 65 7.1 If the member of staff would like to continue in employment beyond age 65, they need to

complete the pro-forma in Appendix B and submit it to their line manager at least 5 months prior to the normal retirement date for consideration.

7.2 It is important that the member of staff details what is being requested (i.e. continuation

of existing employment, alternative employment, `wind down’, or `step down’) including a proposed new set retirement date. Members of the special classes should be aware that they cannot continue to earn NHS Pension Scheme benefits after the age of 65.

7.3 The line manager will convene a meeting no later than 2 weeks from receipt of the Pro-

Forma request. It is important to meet as soon as possible so that arrangements can be made (i.e., if the member of staff is requesting to continue working but accessing part or all of their pension at normal retirement age).

7.4 Each case will be assessed on its particular circumstances before making any decision

on continuation of employment or where the request is refused an employees retirement. 7.5 Any decision made must not be fair and non-discriminatory. 7.6 The line manager will consider the request during the meeting with the member of staff.

The meeting will discuss the details of the request outlined in the Pro-Forma (Appendix

Policy Reference No WP2 Version No: V1.6

Page 10 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

B) including alternatives available (i.e., if the member staff requests continuation in existing employment and the manager is unable to consider this, then alternative options may be discussed). Agreement may be reached verbally at the meeting, but this should be followed up in writing (Appendix H) including the full terms of the agreement. The manager may decide not to provide a verbal decision, and confirm in writing instead. It is important that any written agreement includes the new set retirement date, which will normally be 12 months from the normal retirement date (or thereafter 12 months from the last set retirement date.

7.7 The employee may choose to confirm in writing 4 months before the normal retirement

date that it is now their intention to retire on the day of their 65th birthday. 7.8 Whether a request to continue to work beyond age 65 is accepted or not, this should

always be confirmed in writing by the manager within one week of any meeting. 7.9 The individual has the right of appeal which should be put in writing within one week of

the letter of refusal. The appeal should be considered within 3 weeks (preferably 1 week) of receipt of the appeal letter being lodged. If it is not reasonably practicable to hold an appeal meeting within this period, then the appeal may be considered without a meeting (as long as any representations that the employee has made have been considered) this will be confirmed by letter (Appendix F).

8. Continuing to Work Beyond Age 65 and Further Req uests 8.1 Managers should be careful not to question members of staff regarding their retirement

plans, as this may be treated by a tribunal as discriminatory. 8.2 Where the Organisation has agreed to a request to work beyond age 65, it will not be

able to dismiss the member of staff on the grounds of retirement in the future until the new intended retirement date is reached.

8.3 The “duty to consider” procedure will need to be applied again in relation to the “new”

retirement date, unless the “new” retirement date falls within 6 months of the normal retirement date (or subsequent revised date).

8.4 Therefore if a member of staff has been granted a request to work beyond the normal

retirement date, the procedure set out above must be followed again before compulsory retirement can take place. Subject to the paragraph below, this applies whether a future retirement date has been set beyond 6 months and up to 12 months.

8.5 If the member of staff’s employment has been extended for a fixed period of 6 months or

less, beyond the normal retirement date, there is no need to follow the procedure again. 8.6 Accordingly, if you agree a one year extension, you will effectively be straight into the

process again for the new intended retirement date. Therefore if a new retirement date has been set at age 66, accordingly the procedure above must be followed in terms of reminding the member of staff at least 6 months prior, that the retirement date is approaching, notice of retirement, accepting a written retirement request, dealing with a

Policy Reference No WP2 Version No: V1.6

Page 11 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

request to continue working beyond the new retirement date, mandatory meeting, and agreement or refusal (whole procedure must be re-applied, ie notice of retirement, request to continue etc).

8.7 If the Organisation intends to dismiss a member of staff before the “new” retirement date,

the dismissal would not be a retirement and would therefore have to be for one of the six other potentially `fair’ reasons for dismissal.(appendix J)

9. Reckonable Service 9.1 Under the Agenda for Change Terms and Conditions, there is a contractual continuity of

service (known as reckonable service) where an employee's continuous previous service with any NHS employer counts as reckonable service in respect of NHS agreements on redundancy, maternity, sick pay and annual leave.

9.2 A member of the NHS Pension Scheme, may receive retirement benefits from the

scheme if they retire from NHS work for not less than 24 hours and return but do not work for more than 16 hours per week in the first calendar month after the retirement benefits become payable. Although the break of 24 hours allows the member to receive pension benefits for the purposes of the NHS Pension Scheme, continuity of employment would be preserved in terms of sickness, annual leave and maternity pay.

9.3 The exception to this rule, where previous employment will not count as reckonable

service, is if the previous employment: 9.3.1 has already been taken into account for the purposes of a previous redundancy by an

NHS Employer 9.3.2 has been taken into account where the employee has previously been given pension

benefits. 10. Flexible retirement options prior to retiremen t 10.1 The Organisation already has flexible employment options for staff of any age. Flexible retirement options are also available before and after normal retirement age. 10.2 During the period approaching retirement staff may opt to seek a possible alternative to

working full time. This may include such options as reducing working hours or taking a less demanding and lower paid role allowing staff to adjust and wind down towards retirement.

10.3 Benefits to the individual include increased income compared to conventional retirement

and the ability to ‘wind down’ or ‘step down’ into retirement. Staff may be able to take advantage of retirement options they may not have realised were available to them (further details in the Department of Health Flexible Retirement Document).

10.4 Benefits to the service include better utilisation and transfer of skills and knowledge from

experienced staff and improved morale.

Policy Reference No WP2 Version No: V1.6

Page 12 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

10.5 In all cases the priority is to maintain the provision of services. 10.6 Staff who are interested in following any of the options outlined below should in the first

instance discuss the options with their line manager. Following the discussion the member of staff should put their request in writing to their line manager.

10.7 If the Organisation agrees to a request for flexible working, the employment will continue,

but on terms as varied by agreement. Under any agreement for a new flexible working arrangement, such as reduced hours, other than applying any permitted pro-rata benefits to reflect the part time status, you cannot provide the part-time employee with inferior benefits to those enjoyed by a full-time comparator.

11. “Wind Down” 11.1 With the agreement of their manager a member of staff may request a `wind down’ or

`step down’ agreement. A `wind down’ agreement may be actioned via a Staff Change Form (See Section 11), and a `step down’ agreement would be actioned via a staff change form but also confirmed in writing as a new Contract of Employment (See Section 12). In either case, the pensions department needs to be informed.

11.2 “Wind Down” is working fewer days or hours. This option is enhanced under the new

pension arrangements. There is an option in the 2008 New NHS Pension Scheme to partially retire and take some of the benefits. This is called ‘Draw Down’ (see Section 5.2.1). This could be part of a phased retirement plan agreed with the Organisation.

11.3 Dependant upon the ability of the department to manage such requests this option is

available to staff, but it is important to note that other than applying any permitted pro rata benefits to reflect the part time status, you cannot provide the part-time employee with inferior benefits to those enjoyed by a full-time comparator.

11.4 Departments are encouraged to facilitate such a change wherever it is practicable to do

so, this may facilitate succession planning where the successor is appointed on a part time basis and can be coached and mentored by the member of staff who is due to retire.

11.5 Staff considering the option of a ‘wind down’ should check whether they are eligible

under whichever NHS Pension Scheme they are subject to (i.e. Amended or New) and are advised to contact the pensions office before making a decision as a change could affect pensionable pay and ultimately benefits.

11.6 Pension benefits for part time staff are calculated on the basis of the full time equivalent

salary and therefore staff will continue to build pension entitlements pro-rata to the number of hours worked e.g. a member of staff working half time hours for 4 years will build up 2 full years pension contributions (in addition to previous years service).

11.7 Any agreement to ‘wind down’ should be confirmed on a Staff Change Form, and if it is

part of a phased retirement plan, this should be detailed in writing. This should be discussed with the Organisation’s Pensions Department in case of any effect on future pension benefits.

Policy Reference No WP2 Version No: V1.6

Page 13 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

12. “Step Down” 12.1 “Step Down” is moving to a less demanding role which still uses skills and experience of

the individual. This could be part of a phased retirement plan agreed with the Organisation (eg succession planning / mentoring).

12.2 Departments are encouraged to facilitate such a change wherever it is practicable to do

so. This may facilitate succession planning where the successor is appointed on a part time basis and can be coached and mentored by the member of staff who is due to retire.

12.3 If a suitable role is available and the employer agrees it is sometimes possible for the employee to accept a lower banded role whilst preserving pension rights already earned at a previous higher level. This option is only available in the 1995 NHS Pension Scheme (Amended), and must be made in writing within 3 months of commencement in new post.

12.4 Staff considering the option of a ‘step down’ should check whether they are eligible under

whichever NHS Pension Scheme they are subject to (i.e 1995 NHS Pension Scheme (Amended) or 2008 New NHS Pension Scheme) and are advised to contact the pensions office before making a decision as a change could affect pensionable pay and ultimately benefits.

12.5 Any agreement to ’step down’ should be confirmed on a Staff Change Form and the

detailed changes will form part of a revised Contract of Employment and should be confirmed in writing. The ‘step down’ agreement could be part of a phased retirement plan. The Pensions Department should also be informed, as a request to preserve benefits must be made to the NHS Pensions Agency.

13. Bank / Relief Register 13.1 Individuals may be interested in working on an “as and when required basis”, this would

allow the flexibility of casual employment. For those who have retired it provides the opportunity to retain skills and assist the department in continuing to ensure service needs are met. For those re-entering the workforce it gives the opportunity to develop skills, whilst maintaining flexibility.

13.2 The Organisation has a Nursing bank which employs both registered and unregistered

nursing and midwifery staff to work in various locations and departments throughout the organisation. For further information contact the Nurse Bank Co-ordinator.

13.3 Staff may also join a departmental bank register which is operated by the department.

Policy Reference No WP2 Version No: V1.6

Page 14 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

14. Redundancy 14.1 To coincide with the Employment Equality (Age) Regulations 2006, a revised collective

agreement on redundancy has been negotiated that removes the former age-related thresholds and is intended to provide an objectively justifiable option for those over the minimum pension age to choose early retirement. Any NHS member of staff whose employment ends through redundancy on or after 1 October 2006 will come under the revised arrangements.

14.2 For staff with 2 years qualifying employment, redundancy compensation provides 1

months pay for each full year of reckonable service up to a maximum of 24 months. As an alternative to the 1 month per year of service pay out NHS Pension Scheme members over the minimum pension age (normally 50) can instead request their employer to ‘spend’ the money on releasing their pension early with no actuarial reduction. If the cost of paying the benefits early, without reduction, is lower than the redundancy pay, then the remainder will be paid to the employee. There are transitional arrangements for NHS Pension Scheme members who are aged 50 years on 30 September 2006 or who reach 50 years between 30 September 2006 and 30 September 2011, and have at least 5 years qualifying membership. These members can continue to access their enhanced retirement on grounds of redundancy (further details can be found on NHS employers website, Section 16 of the NHS Terms & Conditions of Service Handbook, and Pensions Agency website).

14.3 If the Organisation is required to carry out a redundancy exercise before the retirement

date, this should be handled in the usual way, regardless of the employees age, and if an employee aged under 65 is dismissed he/she will be entitled to a full redundancy payment unless they have had their previous employment taken into account where the employee has previously been given pension benefits.

14.4 However, if an employee is over normal retirement age, the employer could reasonably

await a forthcoming “new” retirement date if that arrived within the timescales of organisational redundancy. Carrying out a redundancy exercise does, however, always raise a number of complex issues, especially given the current absence of case law guidance on the interpretation of the Regulations in that context.

14.5 Previous employment prior to accessing NHS pension benefits will not count as

reckonable service, as the previous employment has already been taken into account where the employee has previously been given pension benefits (See Section 9 `Reckonable Service’).

15. Preparation for Retirement 15.1 All staff should be encouraged to plan and prepare as far in advance as possible for

retirement. 15.2 Staff are entitled to request a pension quote from the organisation’s pension department,

or visit the NHS Pensions Agency website, where calculator tools are available.

Policy Reference No WP2 Version No: V1.6

Page 15 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

15.3 All staff are encouraged to attend a pre-retirement workshop and managers are encouraged to facilitate the release of staff to attend one of these workshops. It is advised that individuals contact a Workforce & Organisational Development Manager within 2 years of their planned retirement date.

16. Recognition of Service 16.1 On receiving notification of a member of staff’s intention to retire the line manager will

contact the head of department and ensure that an appropriate letter is sent thanking the retiree for their service, the letter will include last working day and any annual leave outstanding.

17. Further Information Websites

Documents referred to in this policy

NHS Employers www.nhsemployers.org

ACAS www.acas.org.uk ACAS guide for

employees - Age and the workplace ACAS Guide for

employers - Age and the workplace

Department of Health “Flexible Retirement” www.dh.gov.uk dh flexing retirement

(guide for managers).pdf

NHS Pensions http://www.nhsbsa.nhs.uk/pensions Guide to the revised

scheme.pdf Guide to the NEW

scheme.pdf Business Support Partnership (BSP) www.northwalesbsp.com

References – other documents referred to in, or of relevance to, this policy are: • Equality & Diversity Policy • Policy for Safe Recruitment & Selection Practices • Ill Health Retirement/Termination Procedure • Re-organisation of Service • Redundancy Policy • Policy Statement in relation to: funding retirement functions & long service awards • Welsh Language Scheme • Department of Health - A Guide to the NHS Pension Scheme • ACAS guidance – Age and the Workplace (Employee and Employer)

Policy Reference No WP2 Version No: V1.6

Page 16 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix A State retirement/pension table for female employees (born between 1950 – 1955) )

Year of Birth

Birthday Between

1950 1951 1952 1953 1954 1955

1st Jan-5th Jan Age60 6/9/2011 6/9/2013 6/9/2015 6/9/2017 6/9/2019

6th Jan-5th Feb Age 60 6/11/2011 6/11/2013 6/11/2015 6/11/2017 6/11/2019

6th Feb-5th March Age60 6/1/2012 6/1/2014 6/1/2016 6/1/2018 6/1/2020

6th March-5th April Age60 6/3/2012 6/3/2014 6/3/2016 6/3/2018 6/3/2020

6th April-5th May 6/5/2010 6/5/2012 6/5/2014 6/5/2016 6/5/2018 Age65

6th May-5th June 6/7/2010 6/7/2012 6/7/2014 6/7/2016 6/7/2018 Age65

6th June-5th July 6/9/2010 6/9/2012 6/9/2014 6/9/2016 6/9/2018 Age65

6th July-5th Aug 6/11/2010 6/11/2012 6/11/2014 6/11/2016 6/11/2018 Age 65

6th Aug-5th Sept 6/1/2011 6/1/2013 6/1/2015 6/1/2017 6/1/2019 Age65

6th Sept-5th Oct 6/3/2011 6/3/2013 6/3/2015 6/3/2017 6/3/2019 Age65

6th Oct-5th Nov 6/5/2011 6/5/2013 6/5/2015 6/5/2017 6/5/2019 Age65

6th Nov-5thDec 6/7/2011 6/7/2013 6/7/2015 6/7/2017 6/7/2019 Age65

6th Dec-31st Dec

6/9/2011 6/9/2013 6/9/2015 6/9/2017 6/9/2019 Age65

1. How to use this table-Example

A female employee whose birthday falls on or between 6th

June and 5th

July 1954 will be able

to retire and draw her state pension from 6th

September 2018.

2. This table should be considered as guidance only. Female employees wanting to confirm the date when they are able to draw state pension should contact The Department of Work and Pensions, Freepost , Bristol BS38 7WA www.thepensionservice.gov.uk

3. Female Employees born on or before 5th

April 1950 will be able to draw their state pension

from their 60th

Birthday.

4. Female Employees born on or after 6th

April 1955 will be able to draw their state pension from

their 65th

Birthday.

Policy Reference No WP2 Version No: V1.6

Page 17 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix B(i) Normal Retirement Age Form

This is a formal application a) Made under the legal right for staff to request to continue working beyond the normal retirement age (please complete section A, B and D) b) To give notice of intention to retire at normal retirement age (please complete section A, C and D) Section A - Personal Details

Name: Assignment Number:

Current post: Band:

Salary: Base:

Department: Telephone:

Line Manager:

Section B - Request to continue working beyond norm al retirement age

1. Request to: a) Continue working / not accessing pension b) Continue working / accessing pension

2. Detail of request to continue working (please provi de details in box below): 1. With no change 2. Wind down (see section 13) 3. Step down (see section 14)

3. When do you wish to retire (i.e. proposed new se t retirement date)?

Policy Reference No WP2 Version No: V1.6

Page 18 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section C – Notice of intention to Retire

1. When do you wish to retire? (4 months notice required for pension purposes)

Section D – Confirmation of intention (signed by the employee)

Signed:…………… ……………………………………Date:…………………… Print: ……………………………………………………………………………………….

Section E – Record of Meeting

The following should be completed by the manager at the meeting arranged to discuss the request to work beyond normal retirement age

Date/s of meetings to discuss application: ………………………………………………………… Main Discussion points:

Policy Reference No WP2 Version No: V1.6

Page 19 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section F – Proposed outcome This should be completed and signed by the line man ager with advice sought from a Workforce & Organisational Development Manager for submission to the General Manager/Executive Director If the application is rejected you may choose to gi ve the business reasons (if you decide to give a reason, you must give careful consideration as to the wording of the reason so that it does not suggest discrimination on any ground such as age, sex, race or disability. Therefore the policy does not require a reason to be given). Proposed Outcome:

Please detail

Proposed New Set Retirement Date :_______________________

Signed by Line Manager: __________________________________Date: ____________

Additional comments if required

Name of Workforce & Organisational Development Case Manager involved: ________________________________________________

Policy Reference No WP2 Version No: V1.6

Page 20 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section G – Outcome

This section is completed by the General Managers o r equivalent (advice may be sought from Workforce & Organisational Development) a) Approved b) Not Approved If the application is rejected you may choose to gi ve the business reasons (if you decide to give a reason, you must give careful consideration as to the wording of the reason so that it does not suggest discrimination on any ground such as age, sex, race or disability. Therefore the policy does not require a reason to be given).

Please detail

Signed by General Manager (or equivalent) ____________________________________ Date: ___________________ (Name of Workforce & Organisational Development Con tact) if Relevant _________________________________

Additional comments if required

Policy Reference No WP2 Version No: V1.6

Page 21 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section H – Appeal Consideration (which has been received via a letter stating the grounds of the appeal from the individual) This section is to be completed by the Appeal Panel - Executive Director and Assistant Director (or nominated Workforce & Organisational D evelopment deputy) Careful consideration must be given to the wording for the dismissal so that it does not suggest discrimination on any ground such as age, sex, race or disability (the policy does not require a reason to be given).

Please detail discussion points

Signed by Panel Members Executive Director Assistant Director (or nom inated Workforce & OD Deputy) ______________________________ ___________________________ Date: _______________________

Additional comments if required

Policy Reference No WP2 Version No: V1.6

Page 22 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix B(ii) Under Normal Retirement Age Form

This is a formal application a) for early retirement by accessing my pension and return to work (please complete section A, B and D) b) to give notice of intention to retire (please complete section A, C and D) Section A - Personal Details

Name: Assignment Number:

Current post: Band:

Salary: Base:

Department: Telephone:

Line Manager:

Section B - Request to continue working beyond norm al retirement age

Detail of request to continue working (please provi de details in box below): 1. With no change 2. Wind down (see section 13) 3. Step down (see section 14)

When do you wish to retire (ie proposed new set ret irement date)?

Policy Reference No WP2 Version No: V1.6

Page 23 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section C – Notice of intention to Retire

When do you wish to retire? (4 months notice required for pension purposes)

Section D – Confirmation of intention (signed by the employee)

Signed:……………………………………………………Date:………………… Print:..……………………………………………………………………………….

Section E – Record of Meeting

The following should be completed by the manager at the meeting arranged to discuss the request to work beyond normal retirement age

Date/s of meetings to discuss application:………………………………………….. Main Discussion points:

Policy Reference No WP2 Version No: V1.6

Page 24 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section F – Proposed outcome

This should be completed and signed by the line man ager with advice sought from a Workforce & Organisational Development Manager for submission to the General Manager/Executive Director If the application is rejected you must give the bu siness reasons (careful consideration as to the wording of the reason so that it does not suggest discrimination on any ground such as age, sex, race or disability). Proposed Outcome:

Please detail

Proposed New Set Retirement Date:_______________________

Signed by Line Manager: __________________________________________ Date: ______________________

Additional comments if required

Name of Workforce & Organisational Development Case Manager involved: ________________________________________________

Policy Reference No WP2 Version No: V1.6

Page 25 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section G – Outcome

This section is completed by the General Manager or equivalent (advice may be sought from Workforce & Organisational Development) a) Approved b) Not Approved If the application is rejected you must give the bu siness reasons (careful consideration as to the wording of the reason so that it does not suggest discrimination on any ground such as age, sex, race or disability).

Please detail

Signed by General Manager (or equivalent) _____________________________________________Date: ____________ (Name of Workforce & Organisational Development Contact) if Relevant_____________________

Additional comments if required

Policy Reference No WP2 Version No: V1.6

Page 26 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Section H – Appeal Consideration (which has been received via a letter stating the grounds of the appeal from the individual) This section is to be completed by the Appeal Panel - Executive Director and Assistant Director (or nominated Workforce & Organisational D evelopment deputy) The reason for dismissal is given careful consideration must be given to the wording so that it does not suggest discrimination on any ground such as age, sex, race or disability.

Please detail discussion points

Signed by Panel Members Executive Director Assistant Director (or nomin ated Workforce & OD deputy)

_________________________ _________________________ Date: _______________________

Additional comments if required

Policy Reference No WP2 Version No: V1.6

Page 27 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix C – Letter Informing Retirement on Intende d Date The BCUHB must inform the employee no more than one year but no later than 6 months before their retirement date, what the intended retirement date is and that they have a right to request not to be retired. This letter should only be used if complying with the above time limits. If not, then the BCUHB is under an obligation to consider a request made by the employee at any time before retirement takes effect.

Department Address

� �

Ein Cyf/Our Ref: Date Personal XXXXX

Dear I am writing to inform you that your retirement date will be [insert date] and that under the provision of the Employment Equality (Age) Regulations 2006, you have a right to request not to be retired.

The Betsi Cadwaladr University Health Board will give careful consideration to any request that you may make to work beyond this date and will inform you if this is not possible. Your request not to be retired must completed via the Application Form in Appendix B of the Retirement Policy and Procedure. This form must be returned to (insert General Manager ) for consideration. Your application must be submitted no later than four months before the date stated above. Failure to do so will mean that you lose your statutory right to have your request considered and you will be retired on the retirement date above. May I take this opportunity of thanking you for the service you have given to the Betsi Cadwaladr University Health Board. (this can be adapted) Yours sincerely Name Post Title Copy to: Workforce & Organisational Development – ?????

Enc - Retirement Policy and Procedure

Policy Reference No WP2 Version No: V1.6

Page 28 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix D – Letter Informing Employee of Meeting to Discuss Request not to Retire

The meeting to discuss the request should be held within 3 weeks of the request being received. The employee has a right to be accompanied at the meeting. The companion can be: - a colleague or trade union representative not working in a legal capacity The companion can: - address the meeting but not answer questions on behalf of the employee - confer with the employee during the meeting

Adran/Department Address

Ein Cyf/Our Ref: � Date Personal XXXXX

Dear I am writing to inform you that after receiving your request not to be retired that there will be a meeting to discuss your request. The meeting will be held on [insert date] at [insert time] at [insert location]. You have the right to be accompanied at the meeting by a colleague or Trade Union representative not working in a legal capacity. Your companion may be someone you have chosen, but they must work for Betsi Cadwaladr University Health Board. Your companion can address the meeting but not answer questions on your behalf although you may confer with your companion during the meeting. After the meeting, if it is decided to continue your employment beyond the intended retirement date of [insert date] you will receive written notification reflecting these agreed changes to your contract. This will be done within two weeks of the meeting. Following the meeting if there is no agreement is reached; you will receive further notification, which will confirm your intended retirement date and inform you of your right of appeal. Members of the “special classes” should be aware that NHS Pension Scheme membership cannot continue beyond age 65, and that benefits would not become payable until the final retirement age is reached. Yours sincerely Name Post Title

Policy Reference No WP2 Version No: V1.6

Page 29 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Copy to: Workforce & Organisational Development - ???

Policy Reference No WP2 Version No: V1.6

Page 30 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix E – Letter Confirming Retirement on Intend ed Date If, after the meeting to discuss the employee’s request not to be retired, it is decided to continue with the retirement of the employee, they must be informed within two weeks of the meeting. The employee will also be informed of their right to appeal.

Department Address

� �

Ein Cyf/Our Ref: Date Personal XXXXX

Dear I am writing to inform you that after our meeting held on [insert date] to discuss your request not to be retired, that the Betsi Cadwaladr University Health Board still intends to retire you on [insert intended retirement date]. You have the right to appeal against this decision. If you wish to appeal you must inform the Head of Department/General Manager within two weeks of receipt of this letter. This notification must be in writing. Failure to notify within these specific timescales may mean that you lose the right to an appeal meeting. An appeal meeting will be held within three weeks of the receipt of the appeal letter. Yours sincerely Name Post title Copy to: Workforce & Organisational Development - ??

Policy Reference No WP2 Version No: V1.6

Page 31 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix F – Letter to Employee Notifying the Resul t of Appeal The appeal meeting must be held within three weeks of receipt the employee’s appeal being lodged not to be retired. If it is not reasonably practicable to hold an appeal meeting within this period it may be possible to consider the appeal without holding a meeting as long as any representations made by the employee are considered.

Department Address

� �

Ein Cyf/Our Ref: Date Personal XXXXX Dear

I am writing to inform you that after our meeting held on [insert date] to discuss your appeal not to be retired, that the Betsi Cadwaladr University Health Board still intends to retire you on [insert intended retirement date] (must be at least 3 months notice). Yours sincerely Name Post title Copy to: Workforce & Organisational Development - ??

OR Dear I am writing to inform you that following our meeting to consider your request not to be retired/appeal meeting [delete as appropriate] the Betsi Cadwaladr University Health Board has agreed that your new intended retirement date shall be [insert date] (must be at least 3 months notice). As agreed at the meeting your new working pattern will be as follows. [delete this paragraph if no new working pattern is agreed]. Yours sincerely Name Post title Copy to: Workforce & Organisational Development - ??

Policy Reference No WP2 Version No: V1.6

Page 32 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix G - Letter informing member of staff that the BCUHB is happy for them to continue working until normal retirement age (i.e. age 65)

Department Address

� �

Ein Cyf/Our Ref: Date Personal Dear XXX Thank you for your letter dated XXX. I would like to confirm that we are happy for you to retire on XXX, accessing your NHS Pension. To enable you to access your pension you must not work in excess of 16 hours per week hours during the first calendar month and you must take a break in employment of no less than 24 hours. We have agreed a new contract of employment and are happy to offer you Name of new Job if changing at Band X from XXX up until your 65th birthday XXX as this is BCUHB Normal Retirement Age (I attach a copy of the new JD). When you are 65 years of age the Retirement Policy and Procedure will be instigated for Section 5 “Employment Beyond Normal retirement Age” (i.e. you may choose to retire or request to return to work beyond retirement age”. I would also like to draw to your attention to the Agenda for Change Terms and Conditions where there is a contractual continuity of service (known as reckonable service) where an employee's continuous previous service with any NHS employer counts as reckonable service in respect of NHS agreements on redundancy. This however does not apply if the employee has previously been given pension benefits. You will therefore not have reckonable service. I would be grateful if you could organise to complete a staff leaving form. You will need to complete a Staff Appointment Form which will need to be countersigned by Workforce & Organisational Development. It is important to note the dates on the staff appointment and leaving form must reflect what has been included in the AW8. Yours sincerely XXXX Manager name Enc – JD Copy to: Workforce & Organisational Development - ??

Policy Reference No WP2 Version No: V1.6

Page 33 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix H – Letter informing member of staff that the BCUHB is happy for them to continue working beyond normal retirement age (i.e. staff over age 65)

Department Address

� �

Ein Cyf/Our Ref: Date Personal XXXXX Dear XXXX Thank you for your letter dated XXXX on your intention to work beyond 65. The (insert Department/CPG) have carefully considered your application and confirm that we are happy for you to retire on XXX and access your NHS Pension. To enable you to access your pension you must not work in excess of 16 hours per week hours during the first calendar month and you must take a break in employment of no less than 24 hours. We have agreed a new contract of employment and are happy to offer you Name of new Job if changing at Band XX from XXX up until XXX (usually 6 months time). I would also like to draw to your attention to the Agenda for Change Terms and Conditions where there is a contractual continuity of service (known as reckonable service) “where an employee's continuous previous service with any NHS employer counts as reckonable service in respect of NHS agreements on redundancy. This however does not apply if the employee has previously been given pension benefits”. You will therefore not be entitled to reckonable service. I would be grateful if you could organise to complete a staff leaving form. You will need to complete a Staff Appointment Form which will need to be countersigned by Workforce & Organisational Development. It is important to note the dates on the staff appointment and leaving form must reflect what has been included in the AW8. Yours sincerely XXXX Manager name Copy to: Workforce & Organisational Development - ?? Enc : JD (if applicable)

Policy Reference No WP2 Version No: V1.6

Page 34 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix I (Annex 5 of ACAS Guidelines)

Policy Reference No WP2 Version No: V1.6

Page 35 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix J

Questions and Answers 1. “Can I also ask how once extended beyond normal retirement age, the employer

terminates employment, and would this then mean we could be liable for redundancy costs?”

Where an employer agrees to a request, it will not be able to dismiss the employee on the grounds of retirement in the future until the new intended retirement date is reached. The “duty to consider” procedure will need to be applied again in relation to the “new” retirement date, unless the “new” retirement date falls within 6 mon ths of the normal retirement date. Accordingly, if you agree a one year extension, you will effectively be straight into the process again for the new intended retirement date.

If you are required to carry out a redundancy exercise before the “new” retirement date, that should be handled in the usual way, regardless of the employees age, and if an employee aged under 65 is dismissed he/she will be entitled to a full redundancy payment. If an employee is aged 65 or over, the employer would await the new retirement age and the duty to consider procedure would need to be applied again in relation to the new retirement date.

Carrying out a redundancy exercise does, however, always raise a number of complex issues, especially given the current absence of case law guidance on the interpretation of the new Regulations in that context.

2. “Also, how do we safeguard the employer, i.e. ca n we extend up to age 70, without

being discriminatory, or do we have to leave it ope ned-ended?”

We suggest including a new future intended retirement date. However, if you intend to dismiss the employee before the “new” retirement date, the dismissal would be for one of the six other potentially “fair” reasons listed below:

1. capability or qualifications 2. conduct 3. illegality or contravention of a statutory duty 4. some other substantial reason 5. redundancy 6. retirement

After showing that the dismissal was for one of the six potentially fair reasons given, an employer must show that they acted fairly and reasonably in taking that reason as sufficient for dismissing the employee.

Policy Reference No WP2 Version No: V1.6

Page 36 of 37 Paper copies of this document should be kept to a minimum and checks made with the electronic version to ensure

the version to hand is the most recent

Appendix K

Case Law

The number of age discrimination claims being brought to tribunals appears to be increasing. There have been a number of high profile cases involving partners in law firms for example the appeal in the case of Leslie Seldon v Clarkson ,Wright and Jakes (unreported, ET/1100275/2007 21 November 2007, ET) who has claimed age discrimination following his enforced retirement and John Olsen a partner in charge of the trademark and brand protection group at law firm Field Fisher Waterhouse LLP who has also threatened a tribunal claim for age discrimination. He claims that once he reached 60 he was regularly questioned about his retirement plans and has been increasingly marginalised.

Another high profile case is that of Selina Scott who alleges that she was not appointed as maternity cover for Natasha Kaplinsky on Channel Five News because at 57 she was considered to be too old. Isla Traquair, 28, and Matt Barbet, 32 were offered the role instead.

Many more interesting cases are expected to follow.

The Single Equality Bill is likely to extend anti-age discrimination rules from the employment field into general provision of goods and services.