Prince Phillip, The Duke of Edinburgh’s widely publicised decision to step back from public duties at the sprightly age of 95 has lead to extensive discussion about the issues surrounding retirement, writes Ashley Harkus, managing partner and employment lawyer with Everett Tomlin Lloyd & Pratt Solicitors, Newport, Pontypool and Usk.

When is the right time to call it a day? Can an employer force someone to retire? Is retirement linked to the state pension age?

While there can’t be many people who would consider working into their nineties, in many roles there is no actual retirement age since the default retirement age of 65 was abolished in 2011.

Many employers have embraced the concept of employing an older workforce to capitalise on the perceived advantages of experience and loyalty.

Prior to 2011 it was perfectly possible to have a mandatory retirement age.

Since the abolition of the default retirement age employers may well find themselves before an Employment Tribunal if they try to force an employee to finish work because they have hit their 65th birthday. ACAS, the employment conciliation service, suggests that even asking the question may be discriminatory.

There is an exception to this in that it is possible to have an employer justified retirement age if it can be justified objectively.

Examples of this can be found in the emergency services where there is a requirement for exceptional physical or mental fitness to carry out a job.

However, even when there is an employer justified retirement age it is still recommended that the employer should consider exceptions and fully consult with the employee as just because the retirement age is in the contract doesn’t mean that the employee can’t challenge the suggestion that they should retire.

ACAS recommends that employers setting a retirement age should have fully documented reasons explaining why they believe that it is necessary and in the words of ACAS that the employer is 'promoting a legitimate aim by proportionate means'.

This change has encouraged the growth in popularity of settlement agreements where both parties sign a document where the employee promises not to litigate usually in return for a tax free payment sometimes known as a 'golden goodbye'.

It is, of course, still open to employers to take capability proceedings if they think that somebody is being prevented from carrying out their job because of their health or conduct proceedings if they feel that tasks aren’t being carried out satisfactorily. Those steps cannot be taken simply on the basis of age and a fair process needs to be followed.

The retirement age has no connection to the date when somebody is entitled to the state retirement pension.

That date is a moveable feast as for women it will increase to 65 in November 2018 and then for both sexes to 66 in 2020 with a view to it rising to 67 in 2026.

Given the ageing population it appears highly likely this age will continue to rise and that many of us will chose or have little option than to continue working into our 70s.

There are of course many advantages to employing older people in that younger members of staff can benefit from their breadth of experience. Many large businesses have policies which actively encourage harnessing the skills of employees who have a wealth of both work and life experience.