SCHEDULE 6Duty to consider working beyond retirement
Statutory right to request not to retire5
1
An employee may make a request to his employer not to retire on the intended date of retirement.
2
In his request the employee must propose that his employment should continue, following the intended date of retirement—
a
indefinitely,
b
for a stated period, or
c
until a stated date;
and, if the request is made at a time when it is no longer possible for the employer to notify in accordance with paragraph 2 and the employer has not yet notified in accordance with paragraph 4, must identify the date on which he believes that the employer intends to retire him.
3
A request must be in writing and state that it is made under this paragraph.
4
An employee may only make one request under this paragraph in relation to any one intended date of retirement and may not make a request in relation to a date that supersedes a different date as the intended date of retirement by virtue of paragraph 3(3) or 10(3)(b).
5
A request is only a request made under this paragraph if it is made—
a
in a case where the employer has complied with paragraph 2, more than three months but not more than six months before the intended date of retirement, or
b
in a case where the employer has not complied with paragraph 2, before, but not more than six months before, the intended date of retirement.