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Retire and return

Q: Is the practice obliged to keep open the job of a staff member who elects to take 24-hour retirement to get hold of their NHS pension early?

A: In the absence of any advance agreement to allow a person to return to work after a 24-hour retirement there is no automatic right to return to work. There is however an obvious risk of an age discrimination claim by someone who is not allowed to return to work in their former role. If there was a continuing vacancy, the practice as the employer would have to show some justification for refusing to consider the retiree for the role.

But if the role has gone (is redundant), then on the face of it that would appear to look like justification for not re-employing the individual.

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