An Employment Tribunal has recently ruled that two men who were over 65 when they were dismissed from their jobs could pursue claims for redundancy payments and compensation for unfair dismissal. If this decision is upheld on appeal it could provide those working past the age of 65 with new employment rights.
Under the Employment Rights Act 1996 ("ERA"), in default of an employer stipulating "a normal retiring age", an employee who is 65 or over on the date of their dismissal is not entitled to claim unfair dismissal or a redundancy payment.
RUTHERFORD AND BENTLEY -V- TOWNCIRCLE LTD (IN LIQUIDATION) AND THE SECRETARY OF STATE FOR TRADE AND INDUSTRY
John Rutherford and Samuel Bentley were 67 and 73 respectively at the time of their dismissals. Mr Rutherford brought proceedings claiming unfair dismissal and entitlement to a redundancy payment whilst Mr Bentley claimed he had not received the minimum wage or a redundancy payment. The cases were heard together because both employees
