Retirement Policy Including working beyond Normal Retirement Date

The Government has announced that the default retirement age will be abolished from 1 October 2011. Consequently the College will no longer compulsorily retire staff when they reach the age of 65. The retirement policy only applies to staff who have a retirement date on or before 30 September 2011, including staff over the age of 65 years with extended retirement dates. Staff who reach age 65 on or after 1 October 2011 will no longer be required to retire at the age of 65 years. 1 1.1 Birkbeck policy is for employees to retire with effect from a standard date. For Academic staff and Teaching staff this is 30 th September following the 65 th birthday and for all other staff groups it is with effect from the date of each individuals 65 th birthday. 1.2 The Employment Equality (Age) Regulations 2006 give employees a right to request to work beyond their normal retirement date (NRD), and for Birkbeck to consider any such request within a statutory procedure. 1.3 This document sets out that procedure and how Birkbeck will consider such a request. The objective is to establish a clear communication and decision-making process which is fair and legal. See Appendix 1 for a flowchart of the process. INTRODUCTION

2 2.1 Between 6 and 12 months before the NRD, HR will write to employees to confirm the NRD and to request that the employee either confirm their intention to retire with effect from NRD or that they make a request to work beyond this date. 2.2 Where an employee does not reply to the letter within 3 months of the NRD, it will be assumed that they will retire at their NRD and HR will write to confirm this.

PROCESS - APPROACHING NORMAL RETIREMENT DATE

3 3.1 Requests to work beyond NRD should be made in writing to HR, preferably as early as possible and by no later than 3 months in advance of the notified NRD. Requests received less than 3 months before NRD will not be eligible for consideration. 3.2 Birkbeck will consider and respond, in writing, to all requests to work beyond NRD. 3.3 HR will forward requests to the appropriate Executive Dean/Director of Professional Service Department, who will then arrange (or appoint a nominee) to

REQUESTS TO WORK BEYOND NORMAL RETIREMENT DATE

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meet with the employee, usually within 21 working days of the request being received. The employee will be given 5 working days notice of the meeting. 3.4 At the meeting the employee will be entitled to be accompanied by a Birkbeck colleague who may be a Birkbeck trade union representative. The companion is permitted to address the meeting and to confer with the employee but not to answer questions on the employees behalf. An HR representative may also be in attendance. 3.5 The meeting will be an opportunity for the employee to put their case and if applicable for the Executive Dean/Director of Professional Service Department (or nominee) to propose alternative working patterns and/or retirement dates. A decision will NOT be made at this meeting. 3.6 Where a nominee of the Executive Dean/Director of Professional Service Department convenes this meeting, that person will convey the details of the discussion along with any recommendation to the Executive Dean/Director, who will make the decision. 3.7 The Executive Dean/Director of Professional Service Department will approve requests only when it is considered that an extension beyond NRD will be in the best interests of the relevant School/Department. Issues that may help to demonstrate this could be: the strategic direction and operational needs of the School/Department; succession and workforce planning; the current School research strategy; the teaching, administrative and support needs of the School; the skills mix required by the School/Department for the foreseeable future.

3.8

There may be circumstances where it is not practicable to hold a face-to-face meeting within a reasonable time period (e.g. in cases where the employee is on sabbatical, on long term sickness absence or employed on a fractional basis and infrequently at the College). In such circumstances, with the agreement of the employee, additional supporting information may be requested/submitted and the decision made without holding a face-to-face meeting. 3.9 Within 7 working days of the meeting, HR will confirm the decision, in writing, to the employee. 3.10 If an extension is agreed, it will be for a fixed period of time; the minimum will normally be one year and the maximum three years. The request may be agreed in full, or in part, for example by setting a revised retirement date (RRD) to the one requested. 3.11 If an extension is agreed the whole process will be repeated between 6 and 12 months prior to RRD. 3.12 In cases where an extension to work for a period of less than six months is agreed (either beyond NRD or RRD), there will be no right to request a further extension.

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REFUSAL OF THE REQUEST TO WORK BEYOND NORMAL RETIREMENT DATE (OR RRD) 4.1 The member of staff has the right of appeal against the decision. The appeal must be dated and in writing to the Director of HR within 10 working days of the date of the letter informing them of the decision. The appeal can be based on the substantive decision not to approve working past the normal retirement age or against the length of time approved to work past the normal retirement age. The Vice Master (or nominee) will hear the appeal as soon as is practicable. The employee can be accompanied at the meeting by a Birkbeck colleague who may be a Birkbeck trade union representative. The companion is permitted to address the meeting and to confer with the employee but not to answer questions on their behalf. An HR representative may also be in attendance. 4.4 Within 7 working days of the appeal meeting, the Director of HR (or nominee) will write to the employee confirming the outcome of the appeal. If the decision is to uphold the original decision to refuse the request to work beyond NRD (or RRD), there is no further internal appeal. Following this, Human Resources will write to the employee to confirm the date on which retirement will take place. 4.5 If the appeal is successful and the request is granted to work beyond NRD (or RRD), the HR team will write to the member of staff confirming the duration of the extension and any related terms.

4.2

4.3

5 The implementation of this procedure, including in terms of ethnicity, gender and disability, will be monitored annually by Human Resources, with an annual report submitted to the Equalities Committee.

MONITORING

6 An Equality Impact Assessment on this procedure has been carried out. A copy of the Assessment is available from the HR Manager (Equalities).

EQUALITY IMPACT ASSESSMENT

Policy Review

Policy

Applicable to Date Last Reviewed Policy Management Approved by FNG Approved by HRSPC

Retirement Policy including working past normal retirement date All Employees December 2009 Human Resources January 2010

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