Dismissal by reason of retirement is no longer a potentially fair reason for dismissal . An employer with a contractual retirement age who can justify it would have to rely on the residual category of “some other substantial reason” if they are going to justify a retirement dismissal.
To justify a contractual retirement age an employer must be able to show that having a blanket retirement age which applies to all staff is a proprtionate means of ahieveing a legitimate aim. In most circumstances this is llikely to be difficult for employers to justify, when employees’ ability continue to to do their job can be assessed individually rather than applying a set retirement age.
Tips for finding a solicitor to deal with an unfair dismissal claim
Specialist legal knowledge and experience is a good start, but to “get the edge” it is useful to find a solicitor with experience of representing clients at Employment Tribunals, particularly at the Employment Tribunal where your case is likely to be heard. This is because familiarity with the way a Tribunal is likely to assess particular cases and particular circumstances helps effective advice and preparation right from the start.
Most of our experience here at John Halson solicitors is based in representing clients at the Liverpool Employment Tribunal which covers claims arising from people who have worked in north and central Cheshire including Chester, Warrington, Northwich, Middlewich, Winsford, Tarporley, Ellesmere Port, Great Sutton; and Merseyside including Liverpool, Birkenhead and the Wirral, Widnes, Runcorn, St Helens, Kirkby, Maghull, Skelmersdale, Ormskirk, Southport, and Formby.
We also regularly appear in the Manchester Employment Tribunal and occasionally in the Leeds, Birmingham and Shrewsbury Tribunals.
Please note that the information on this page is intended to be a guideline and is therefore a summary of the law only and not a complete guide. Before taking any action based on this information you are strongly advised to take legal advice. Whilst every effort has been made to ensure that the information contained on this page is up to date and accurate, no guarantee can be given to this effect.