EAT UNFAIR DISMISSAL – Retirement
UNFAIR DISMISSAL – Polkey deduction
Employee reaching retirement age requests extension – Employer purports to follow procedure under Schedule 6 of Employment Equality (Age) Regulations 2006 and rejects request – Tribunal holds, on basis of admissions from employer’s witnesses, that the managers in question regarded themselves as absolutely bound by a company policy against granting extensions; that accordingly his request had not been genuinely ‘considered’ as required by para. 6 of Schedule 6; and that the dismissal was thus unfair – No ‘Polkey deduction’ made
HELD, dismissing the appeal,
(1) Consideration of a request under Schedule 6 did indeed have to be genuine (or ‘in good faith’), notwithstanding the generally limited nature of the relevant obligations;
(2) Although a tribunal should in assessing a case of a dismissal which is unfair by reason of section 98ZG (2) of the Employment Rights Act 1996 ‘apply Polkey’ if the issue is raised, it had not been raised in the present case.
Judges:
Underhilll P J
Citations:
[2011] UKEAT 0484 – 10 – 1407
Links:
Statutes:
Employment Rights Act 1996, Employment Equality (Age) Regulations 2006
Jurisdiction:
England and Wales
Employment
Updated: 16 September 2022; Ref: scu.441840
