‘To the question ‘was there a normal retiring age for an employee holding the position held by Mr Wall immediately before his dismissal?’ the answer, in our view, is ‘yes, the only employee holding that position was Mr Wall himself, and it was 70′.’ Of Nagesan: ‘We accept that the Court of Appeal’s decision proceeded on the basis that Mrs Nagesan was in a unique position, in respect of which no comparators were available, for the purpose of identifying a normal retiring age. But she did not have a contract which provided for a specific retiring age, and so the court did not have to decide, nor did it decide, the point arising in the present case: namely, is the ‘normal retiring age’ of an employee who has a unique position capable of being the retiring age provided for in his contract of employment.’
Rimer J
[2003] EAT 169 – 02 – 0702
Bailii
Citing:
Appealed to – Wall v The British Compressed Air Society CA 10-Dec-2003
The applicant was employed as director-general, with his contract stating that his retirement age would be 70. Nobody else had a similar occupation within the organisation, and he said this therefore constituted his ‘normal age’ for retirement, . .
Cited – Patel v Nagesan CA 1995
Mrs Nagesan’s contract specified no retirement age. She was dismissed on attaining 60. The employers disputed the tribunal’s jurisdiction, saying they had written to all employees, including Mrs Nagesan, purporting to introduce a new retiring age of . .
Cited by:
Appeal from – Wall v The British Compressed Air Society CA 10-Dec-2003
The applicant was employed as director-general, with his contract stating that his retirement age would be 70. Nobody else had a similar occupation within the organisation, and he said this therefore constituted his ‘normal age’ for retirement, . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 January 2022; Ref: scu.189276
