age discrimination?

Question

I know someone who has worked for a firm for 12 years and is the longest serving member of staff, yet he has been made redundant whilst younger men with less service have not. He is, however, 2 years past state retirement age. Does he have a case for unfair dismissal due to age discrimination?

Answer 1

thats tricky,i dont think its fair,if this man is still willing to work and is fit enough,and good at his job,then i dont see why he cant carry on,tell him to see his union rep if he has one,or contact a solicitor,cos in my opinion it shouldnt be about age,as i said as long as this person is a good worker then the firm is the one that is losing out im afraid,i wish him luck!

Answer 2

Actually, it's the opposite. Before the age discrimination laws many employers used "Last in, first out", or at the very least had length of service as a factor in keeping people. This is now effectively outlawed under age discrimination laws - an employee who was more skilled than your friend, but was 20 years old would be discriminated against because he couldn't possibly have worked there for 12 years.

What companies are supposed to do now is rate people according to their qualities, eg rate of work, work quality, time keeping, attendance, and so on. If this exercise was done with your friend then that's fair, if it wasn't then he ought to contact acas on 08457 474747 and tell them about his circumstances to see if he has a potential unfair dismissal claim.

The other point to consider is that being over 65 makes no difference to redundancy anymore, he is still entitled to a fair procedure, and there being a genuine reason behind the redundancy. Before the age discrimination regulations he would have had no rights at all.

Answer 3

The company does have a right to lay off somebody past retirement age, but there are new stricter rules how to do this - period of notice etc.

However, it is illegal to discriminate on the grounds of age in the UK since 1st October 2006.

Answer 4

If a person has passed the retirement age prescribed by the State,I think there is no legal remedy.Any how while termination notice contain the reason for termination.Termination of service with out reason/notice can be contested in Court.

Answer 5

Your acquaintance may find this link useful, as it sets out the criteria for selecting a person for redundancy. You don't tell us much about him, but if he's suffered from bad health or been subject to disciplinary proceedings, then this would give them the leverage they need. However, they must show that they were not discriminating directly or indirectly on grounds of age in selecting him. http://www.acas.org.uk/index.aspx?articleid=777

Answer 6

Not sure I'm understanding your question. Are you asking about age discrimination because he has not been promoted? That depends on what qualifications the younger men had, compared to his. Length of employment, i.e., seniority, does not mean automatic promotion.

If you were telling us that he has been dismissed or forced to retire because of his age, that might be different. It would depend on whether or not his age and physical abilities were up to the demands of the job. If they are not, then a forced retirement or dismissal may not be discriminatory.

Answer 7

It depends on the reasons why he was made redundant. The old first in last out idea is largely defunct due to economic realities, so his first port of call should be to ask why him. They have to provide reasons

Answer 8

If he is past the state age for retirement then I would not have thought that he had a case as that would be their excuse if they needed one.

Answer 9

As he is past retirement age, unfortunately he does not.

Answer 10

Yes. Find a good lawyer.