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Calculating retirement age

Plewes vs Adams Pork Produce Ltd.

ET 2600842/07

Key facts

Plewes was approaching retirement and his employer followed the Statutory dismissal procedure as set out in the Age Discrimination regulations, finally terminating his employment on the day before his 65th birthday.

Decision

The Tribunal found that the Statutory procedure only renders such a dismissal lawful if it takes place ‘on or after’ the 65th birthday of the employee, so his dismissal was held to be unfair and the company was found to have practiced direct age discrimination. Despite taking up alternative work less than two weeks later, Plewes was awarded over £36,000.00

Our view

The case reveals the importance of attention to detail and the real care required of Companies in the current climate. Well advised employees can be relied upon to find expensive flaws in the actions of employers who have done very little wrong.