Ask the panel

June 3, 2005

Worried about your employment, maternity, pension rights? Send your questions to The Times Higher advice panel.

I am due to retire at 65 in June next year. What is the situation if I want to continue working as a full-time employee? Can I be forced to retire, or is it simply a matter of what I can negotiate as an individual?

Retirement age and the huge liabilities represented by many public sector pension funds are hot topics.

Many people want to carry on working after retirement age, and the Government is keen for them to do so, but unions are fearful of public sector workers being required to continue working long after they wish to.

While this debate rages, new legislation to prevent discrimination will come into force next year - and will considerably alter the landscape.

You are not alone in facing these issues. As the front page of The Times Higher last week made clear, many academics, particularly in new universities, are coming up to retirement age - and many may well want to continue working.

* Our panellist from Natfhe has some clear advice. "You can continue working as a full-time employee, but only if your employer agrees.

You do not have the right to continue beyond the age of 65 if your employer does not want you to do so," he says.

However, a number of the panellists mention the new age discrimination legislation.

The Natfhe panellist says: "Some employers are drawing up agreements to ensure that no age discrimination takes place ahead of the introduction of new statutory rights prohibiting discrimination on the grounds of age. When these come into force, they may make it easier to continue working beyond the age of 65."

He says the Equality Challenge Unit (www.ecu.ac. uk) will soon publish guidance to employers on employees' rights.

"Another alternative you might wish to consider is to continue working on a part-time basis at the same time as drawing your pension," he says.

* The panellist from the Association of University Teachers says: "Until the Government implements the legislation on age discrimination, we do not know the exact position on retirement.

"As things stand, retirement age is specified in people's contracts, and the employer is entitled to act on that. What we do not yet know is whether contractible retirement age becomes unenforcable once the legislation comes in force.

"The most recent government proposal is that 65 should be a 'default' retirement age but with the right of the employees to have a request to work beyond this to be considered by the employer."

* The panellist from the Universities and Colleges Employers' Association says: "While the landscape is likely to change in the light of age discrimination legislation that will come into effect in 2006, you will be bound in the meantime by your university or college's current policy.

"You will need to check what that is, as they do vary between institutions. Some universities and colleges have flexible policies on retirement, in which case you may be able to negotiate a package that suits you," he says.

He adds: "Your first step is to speak with your line manager and human resources department."

* For those academics engaged primarily in research, the panellist from Research Councils UK says: "You may still be active in research and possibly a principal investigator on a research grant. If so, you might want to persuade your university that you are bringing in resources.

"In addition, age in itself is no bar to applying for research grants from the research councils - what matters is the quality of the proposal and that you have the support of the university."

He adds: "Research councils are introducing full economic costing of research proposals from September 1. Under this regime, your own salary may be a legitimate cost, and I suggest that you discuss with your university finance office what the new rules may mean.

"All universities have received significant advice from the research councils, and details can be found at www.pparc.ac.uk/jes/dualsupport . asp."

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