A reminder that after the end of March you will no longer be able to give notice of retirement to employees who are approaching age 65.

As a direct consequence of this we will be removing the Retirement clause from Employee Handbooks over the next month or so.

Previously employers have often tolerated declining performance from older staff on the grounds that they would be retiring shortly anyway. That approach will no longer be open to you, though it may be a real issue, particularly in physically demanding jobs.

It will be ever more important to consider alternative roles in appropriate cases, or to take employees through the disciplinary process where that is not an option.

In such situations employers should be especially cautious of age discrimination claims which could be raised. Each situation will need to be considered on its own merits.