It use to be the case that when an Employee reached the national retirement age he or she could be forced to retire. This is no longer the case. Since April 2011 it has become unlawful to force someone out of work simply because they have reached a particular age. This now falls foul of rules relating to Age Discrimination contained in the Equality Act 2010.
There are of course exceptions to this but any dismissal will have to be objectively justified as being a reasonable way of achieving a legitimate aim. A recent case allowed, for example,a senior partner in a solicitors firm to be ousted to allow succession planning within the business.
Put simply, employers can no longer simply assume that older employees will leave at 65. Before taking steps in relation to any dismissal. (or if you are about to be dismissed) contact our employment department for legal advice.
John Porter – Partner and specialist employment lawyer
John has been with Wrigley Claydon for over 20 years, becoming a partner in 1995. Specialising in Employment Law, John helps clients with matters including the preparation of recruitment policies and employment contracts as well as advocating in employment tribunals in cases of unfair dismissal or discrimination.
He also has considerable experience of dealing with landlord and tenant disputes and matters relating to business and company sales, commercial investment property transactions and lettings as well as residential estate and offshore property developments.
“I know I’ve done a good job when the business doesn’t need me!”
John is never happier than when spending time with his wife and 2 children, Lucy and Alex. John is Chair of Respect Our Community Awards (ROCA) and a board member of First Choice Homes Oldham. In his spare time, John is likely to be found either reading, cooking or walking Donnie the Golden Retriever.
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