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Advice on unfair dismissal and age discrimination
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I am 71. After 6 years as a permanent part time employee I was given 3 days notice by my employer.There was no question of my being unsuitable for the job.After correspondence my employer has conceded that they must pay me 6 weeks pay in lieu of notice. Do I have a case for unfair dismissal and age discrimination and if so would any compensation/award be over and above the PILON payment?
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No you don't have a case for either unfair dismissal or age discrimination - a company is not compelled to employ anyone after normal retirement age, unless it states otherwise in the contract. And you have to be below normal retirement age to bring a case of unfair dismissal.
"Your employer can force you to retire at the normal retirement age. This is 65 or higher, depending on what your contract says.
There are rules about how your employer can force you to retire. These include giving you written notice of the date you're due to retire. You have a right to request to stay on beyond that date and the notice must tell you this as well. The notice should be issued between six and twelve months of the date you're due to retire.
If your employer fails to follow these rules, you can make a claim to an employment tribunal and may be awarded up to eight weeks pay �see under heading What you can do about age discrimination.
If you ask your employer to work beyond the normal retirement age, they have to consider your request but they don't have to agree."
I agree that the company has not followed proper procedures re notice and so on, and you may get up to 8 weeks pay if you take it to a tribunal.
You have already received 6 weeks PILON, so it is up to you if you wish to pursue it.
http://www.adviceguide.org.uk/nireland/life/em ployment_northern_ireland/age_discrimination_a t_work.htm#who_does_the_law_apply_to
"Your employer can force you to retire at the normal retirement age. This is 65 or higher, depending on what your contract says.
There are rules about how your employer can force you to retire. These include giving you written notice of the date you're due to retire. You have a right to request to stay on beyond that date and the notice must tell you this as well. The notice should be issued between six and twelve months of the date you're due to retire.
If your employer fails to follow these rules, you can make a claim to an employment tribunal and may be awarded up to eight weeks pay �see under heading What you can do about age discrimination.
If you ask your employer to work beyond the normal retirement age, they have to consider your request but they don't have to agree."
I agree that the company has not followed proper procedures re notice and so on, and you may get up to 8 weeks pay if you take it to a tribunal.
You have already received 6 weeks PILON, so it is up to you if you wish to pursue it.
http://www.adviceguide.org.uk/nireland/life/em ployment_northern_ireland/age_discrimination_a t_work.htm#who_does_the_law_apply_to
There is no longer an upper age limit for claiming unfair dismissal and under the new law, I think you do have a case. Your employer is not obliged to continue your employement beyond retirement I agree, but once they have done so which they have done in your case, they can't just change their minds and say goodbye. You would be entitled to proper redundancy if the job no longer exists and a proper process of consultation. Redundancy pay is also improved for older people under the new law. But I'm no expert so check with ACAS on 08457 47 47 47
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