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.
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
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:
For a fixed period of time
Until a certain date
In a different working pattern (such as part-time, flexible working, or
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.
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
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
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
not to undertake any duties whatsoever, and to be excluded from SYA
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)
Working beyond retirement age request form
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
Please return this form to your line manager, who will arrange
a meeting to discuss your request.