Compass Group Plc v Ayodele (Unfair Dismissal : Retirement) [2011] UKEAT 0484_10_1407 (14 July 2011)

Compass Group Plc v Ayodele (Unfair Dismissal : Retirement) [2011] UKEAT 0484_10_1407 (14 July 2011)

The employer's failure to genuinely consider the employee's request for an extension beyond retirement age, as required by Schedule 6 of the Employment Equality (Age) Regulations 2006, rendered the dismissal unfair under section 98ZG(2) of the Employment Rights Act 1996. The Tribunal was correct to award compensation without a Polkey deduction, as the employer did not raise or evidence the issue at the hearing.

Citation
[2011] UKEAT 0484_10_1407
Parties
Appellant/respondent: Compass Group Plc; Respondent/claimant: [Claimant Name Not Provided]
Jurisdiction
United Kingdom
Judgment Date
14 July 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Retirement, Age Discrimination, Polkey Deduction
Employment Law Unfair Dismissal Retirement Age Discrimination Polkey Deduction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Compass Group Plc

Appellant/respondent

[Claimant Name Not Provided]

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer's refusal to consider an extension request for retirement was genuine as required by Schedule 6 of the Employment Equality (Age) Regulations 2006
  2. 2 Whether the dismissal was unfair under section 98ZG(2) of the Employment Rights Act 1996
  3. 3 Whether a Polkey deduction should be applied to the compensatory award

Ratio Decidendi

The employer's failure to genuinely consider the employee's request for an extension beyond retirement age, as required by Schedule 6 of the Employment Equality (Age) Regulations 2006, rendered the dismissal unfair under section 98ZG(2) of the Employment Rights Act 1996. The Tribunal was correct to award compensation without a Polkey deduction, as the employer did not raise or evidence the issue at the hearing.

Court Disposition

Appeal dismissed

Orders

  • Liability appeal dismissed; finding of unfair dismissal upheld.
  • Quantum appeal dismissed; compensatory award of two years' loss of earnings upheld.