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Retirement and Termination of Employment Policy 1. General statement of intent Employees of Solent Youth Action will retire in line with statutory guidelines. An employee’s contract will terminate on retirement, on expiry of a written period of notice by either party, on summary dismissal or, where the contract is for a fixed term, on the last day of contracted employment. 2. Retirement If you choose to retire in line with statutory guidelines, you will be invited to a meeting to discuss any support we can provide to help prepare for retirement and a meeting may be arranged with the Pensions provider at your request. If you wish to retire before you reach the statutory age, your request will be considered as a resignation and the usual contractual notice periods will apply. Working beyond retirement age You have the right to request to work beyond the statutory and your intended retirement date. When you are notified of your intended retirement date, you will also be informed in writing of your right to request to work beyond your intended retirement date. If you wish to continue working beyond your retirement date, you should complete a ‘Working beyond Retirement Date Request Form’ (see Appendix 1) and submit your request no later than three months before your intended retirement date. If you do not return the form within this timescale, you may lose your statutory right to have your request considered and you will be retired on your intended retirement date. You may request to continue working: Indefinitely For a fixed period of time Until a certain date In a different working pattern (such as part-time, flexible working, or home working) If you submit a request to work beyond your retirement date, we will arrange to meet with you to discuss your request. You may be accompanied by a work colleague or trade union representative at this meeting. Your companion may address the meeting but may not answer any questions on your behalf. After the meeting, you will be notified in writing of SYAs decision as soon as is reasonably practicable, and normally within 14 working days. If your request is refused, you will be sent written confirmation of your retirement date and informed of your right of appeal. Although all requests will be sympathetically considered, SYA has the right to refuse an employee’s request to work beyond retirement age and is not legally required to give a reason. If SYA agrees to your request to work beyond your retirement date, such a request will be agreed either for an indefinite or fixed period. You will be notified in writing of your new retirement date and any changes to your working pattern agreed. Where it is agreed that you can work for a fixed period or until a specified date, the organisation will follow the same process outlined above giving you notice 6 - 12 months before your new retirement date. If it is agreed that you can continue working indefinitely, the organisation may choose when to start the process of consultation with you regarding your retirement date, giving you at least six months notice of this. Appeal procedure If you wish to appeal against the decision, you must do so within 14 days of receiving your notification, by writing to your line manager. Another meeting will be held, usually with the Chief Officer or another senior manager, to discuss your appeal. You may also be accompanied to this meeting by a work colleague or trade union representative. The decision of the appeal meeting will be confirmed in writing to you as soon as reasonably practicable, normally within 14 days of the meeting and will be final. 3. Termination by employee An employee may terminate his/her contract of employment by giving the required period of notice in writing. For the manager the required period of notice is three calendar months and for other employees it is one calendar month. Upon receipt of written notice of termination SYA may, at its sole and absolute discretion, terminate the employee’s employment immediately by paying salary in lieu of any required period of notice, together with any accrued holiday pay up to the date notice would have expired. Employees will be entitled and encouraged to take any accrued holidays concurrent with their notice period. 4. Termination by Solent Youth Action In accordance with the disciplinary policy, SYA has the following rights: when it has reasonable grounds for believing the employee is guilty of gross misconduct, gross negligence or any other serious breach of SYA policies or their contract of employment. - to terminate the employee’s contract of employment summarily, without any payment in lieu of notice; if an employee provides information that relates to his/her suitability for employment by SYA that is subsequently found to be false or misleading – to disciplinary action, up to and including summary termination without payment in lieu of notice, depending on the severity of the false or misleading information; if an employee fails or ceases to meet the requirements of any regulatory body whose consent is necessary to allow them to carry out the duties and responsibilities in their contract of employment – to disciplinary action, up to and including summary termination without payment in lieu of notice, depending on the severity of the breach. If any of the above apply, SYA may terminate an employee’s contract of employment by giving the required period of notice as above. Alternatively it may terminate the employee’s employment immediately by paying salary in lieu of any required period of notice together with any accrued holiday pay up to the date notice would have expired. 5. Contracted duties following notice of termination When notice of termination is given by either party, SYA reserves the right to require the employee, during the period of notice, either: to perform such reasonable and alternative duties as the manager may require, or; not to undertake any duties whatsoever, and to be excluded from SYA premises. In either case SYA will continue to pay the employee’s normal salary and provide all other benefits contained in the contract of employment until expiry of the notice period. 6. Employee’s obligations on termination On termination of employment, for whatever reason, the employee shall: return to SYA all documents, records, property and any other material relating to SYA or associated organisation. The employee’s manager will provide a list of items that are required to be returned; delete any other information that relates to the business of SYA which is in their possession or control at any location outside SYA premises. The employee will sign a declaration that these obligations have been complied with in full. The employee, either personally or through an agent, on their own account or for another, shall not: for a period of six months after the termination of their employment, engage in any activity that could, in the opinion of the Board, damage SYA in the pursuit of its charitable objectives; for a period of twelve months after the termination of their employment, directly or indirectly solicit or endeavour to entice away from SYA any director, employee or other person concerned with the pursuit of the charitable aims of SYA. 7. Policy Review The SYA Management Committee will review this policy at least once every three years, and as and when a need arises to update. Any amendments will be accepted via vote. Signed: (SYA Chair) Date: Appendix 1 Working beyond retirement age request form Name: Please specify below whether you would like to work beyond 65 for an indefinite period of time; for a fixed period of time, and if so for how long; until a fixed date, and if so until when. Also, if you would like to request a different working pattern such as part time, flexi-time, compressed hours, or home working, please outline your request below Signed Date Please return this form to your line manager, who will arrange a meeting to discuss your request.
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