Example cases › Probation & Exits
A worked example case · Last reviewed 4 July 2026
Your 68-year-old warehouse supervisor is visibly slowing and has mentioned “a few more years” vaguely. You need to plan succession — but a friend who runs a company was on the wrong end of an age-discrimination claim and now you’re afraid to raise the topic at all.
Supportive Sara — Warm and practical — people first, process close behind.
Your caution does you credit — and it's also slightly over-calibrated. The law removed the default retirement age, which means you cannot force retirement or treat someone less favourably because of age. It did not make the word "retirement" unsayable. The line is simpler than it feels: plans may be discussed; assumptions may not be acted on.
What you can lawfully do:
What you must not do: repeatedly ask when they're retiring (that pattern reads as harassment related to age); nudge them out with worsened shifts or dropped responsibilities; assume the slowing you've noticed is age rather than something with a fixable cause.
On the "visibly slowing" point — treat it as you would at any age: if there's a genuine performance or safety concern, address it through your normal supportive performance route — a private conversation, an occupational health referral if health may be a factor, adjustments where they'd help. What you must never do is let concerns slide unaddressed because raising them feels awkward, then reach for retirement as the tidy exit. That's the pattern that ends in claims.
Held warmly and asked of everyone, the future-plans conversation is usually a relief to both sides. Most people know roughly what they want — they're waiting to be asked well.
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Ask Just Ask, HR — freeExample scenario for illustration. These cases are realistic but fictional — no real employee or employer is described. Guidance reflects UK employment law and ACAS practice as at the review date and is general information, not legal advice; statutory rates and rules change, so check gov.uk for current figures. For a live dispute or tribunal matter, speak to a solicitor. © Just Ask Apps Ltd · Privacy · Terms