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Sorry Jane, I thought you said the savings could be spent on the OH service. If anyone has any examples of where this has happened I would be very interested to read them. Lucky you know me hey Jayne, I am used to OH being the saving! Frank -----Original Message----- From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Jane Fairburn Sent: 05 June 2007 11:55 To: [log in to unmask] Subject: Re: [OCC-HEALTH] Retirement age Hi, Its a Duty of Care issue and it would only be relevant to specific roles which are assessed as high risk e.g. LGV drivers (who will have Group 2 DVLA screening annually from 65 with no upper age limit and this is not discriminatory). Company screening annually means that they get a 'check up' every 6 months - this can have a very positive impact on employer liability insurance as the risk is reduced by robust health management strategies. I am involved in an employer indemnity insurance audit today(by one of the major insurance providers) and it is very interesting what measures they will accept as reducing the risk (and so the premium) The business can then spend more on the OH services it provides. Its not discrimatory per se to use age as a factor - the government still has limits related to age/health - in fact the DVLA guidelines is a good example of this. Its not meant to be predictive but a baseline snapshot to show due diligence. Management referrals can only be made when you are aware of the problem by which time he may have turned his lorry over on the M6 and the tabloids reports "68 year old ***** Ltd driver mows down X - allowed to drive whilst waiting for a Triple Heart Bypass". (Drama Queen coming out but you get the picture?) As far as being aware of the problem, it is interesting how many drivers are signed off sick long term with e.g. debility when he has in fact failed his DVLA medical or alternatively continues to drive (which they are legally allowed to do under Section 88 of the Road Traffic Act) until he gets his licence 'officially' revoked or again wraps his lorry around a tree. Transport is one of the high risk occupations in my view and this would justify health interventions (appropriately contracted and agreed of course) Regards, Jane Jane Fairburn Occupational Health Services Director Mobile : 07770 638 268 Office : 01925 227 000 www.people-am.com <http://www.people-am.com/> ________________________________ From: [log in to unmask] on behalf of Sara Werry Sent: Tue 05/06/2007 11:21 To: [log in to unmask] Subject: Re: [OCC-HEALTH] Retirement age Hi Jane It is an interesting issue health screening to see if an employee can carry on in the role over 65 could this be seen as discriminatory in itself? If they have been doing the job with no problems should health screening be used as a predictive tool? If they have been doing the job with problems then this is likely to be highlighted under a management referral as for anyone any age. Regards Sara ________________________________ From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Jane Fairburn Sent: 05 June 2007 11:13 To: [log in to unmask] Subject: Re: [OCC-HEALTH] Retirement age Just for information, the employee who is abroad with a British contract is eligible to make a claim to an Employment Tribunal assuming he meets the usual qualifications on length of service and 'employee' status. (ref Croft v Veta, Botham v MOD, Serco Ltd v Lawson) and 'Retirement' is now only a "potentially fair" reason for dismissal and no longer automatically fair as prior to the Age Regulations. The employer must write to the employee giving notice of intention to dismiss and give the employee and opportunity to request an extension (best done in fixed term chunks) assuming the employer can show a genuine material factor against an extension, then he is at risk of an unfair dismissal claim. Obviously not an OH issue per se but certainly a topical and interesting one. I recommend health screening for some workers prior to the business making a decision. Regards, Jane Jane Fairburn Occupational Health Services Director Mobile : 07770 638 268 Office : 01925 227 000 www.people-am.com <http://www.people-am.com/> ________________________________ From: [log in to unmask] on behalf of Edgar Hopkin Sent: Tue 05/06/2007 07:39 To: [log in to unmask] Subject: Re: [OCC-HEALTH] Retirement age Morning all, On a similar note, what about employees of a British company, recruited in the UK(and contracts signed on British soil) but working overseas. Should they wish, can they work beyond 65years? Is a UK contract allowed to state an age where employment overseas must end? Will there be a reliance on the local labour laws to effect this? Regards Ed. ----- Original Message ----- From: "Willey, Catherine" <[log in to unmask]> To: <[log in to unmask]> Sent: Monday, 04, June, 2007 14:05 Subject: [OCC-HEALTH] Retirement age Good morning Could anyone help me with a retirement question? A sub-contractor has been told by his company that he has to retire shortly as he is turning 65. He wishes to continue work - because he needs the income. Is there any legislation that can support his request or is he bound by company policy? Thanks Cathy ~~~~~~~~~~~~~~~ Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html FORTHCOMING CONFERENCES AND EDUCATIONAL EVENTS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net <http://ohjobs.drmaze.net/> OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk <http://www.aohne.org.uk/> ~~~~~~~~~~~~~~~ Please remove this footer before replying. 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OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html FORTHCOMING CONFERENCES AND EDUCATIONAL EVENTS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk ~~~~~~~~~~~~~~~ Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html FORTHCOMING CONFERENCES AND EDUCATIONAL EVENTS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk ~~~~~~~~~~~~~~~ Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html FORTHCOMING CONFERENCES AND EDUCATIONAL EVENTS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk