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
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