EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
AGE DISCRIMINATION
Dismissal of employee at the end of the week in which his 65th birthday fell, in accordance with a NRA of 65, said to be unfair and to constitute age discrimination because employer had failed, in its purported retirement notification under Schedule 6 of the Employment Equality (Age) Regulations 1996, to specify the retirement date: it had said that he would be retired ‘after’ his 65th birthday.
Held that ‘after’ did not always mean ‘on a date later than’ and that in context the notification should be read as stating an intention to retire him on his 65th birthday (it making no difference that he was in fact retired two days later) – On the employer’s alternative case that the notice constituted notification of retirement at the end of the week in which his birthday fell, by reference to the company handbook which made it clear that that was its practice, doubted whether that would have sufficed because the notification should not require reference to extraneous documents.
Judges:
Underhill P J
Citations:
[2011] UKEAT 0609 – 10 – 1205
Links:
Statutes:
Employment Equality (Age) Regulations 1996
Jurisdiction:
England and Wales
Employment
Updated: 13 September 2022; Ref: scu.441162
