The Government must address concerns over new retirement rules, which may lead to a surge in age discrimination claims, a Midland employment law expert has warned.

Lita Kirwan, consultant at Bradin Trubshaw & Kirwan, has spoken to local companies who are worried about the changes, which will prohibit staff being forced into retirement at 65 from April 6, unless there is a justification.

Ms Kirwan said: “Employers must be able to ask their staff when they plan to retire as part of routine succession planning without the threat of being accused of ageism. Going forward, it is essential that employers can still openly raise the issue of retirement with staff.”

ACAS is advising that employees approaching current retirement age are asked about their future aspirations within the business but that this applies to younger members of staff also.

Employers will no longer be allowed to retire staff automatically when they reach 65, but under current legislation businesses are not entitled to have discussions with members of staff without providing grounds for a claim.

The solution, claimed Ms Kirwan, is to introduce “protected conversations” based upon current ‘without prejudice’ discussions.

This could be a recognised  formal conversation where an individual sits down with their line manager and potentially a member of human resources or a trade union representative to disclose whether they are considering retiring and when.

The process would need primary legislation and could be included in the Government’s forthcoming Employment Bill, she said.