Norman v EC Harris Solutions Ltd (Age Discrimination) [2014] UKEAT 0141_13_0905 (09 May 2014)
The employer failed to comply with paragraph 2(1) of Schedule 6 by not informing the employee of the right to make a request under paragraph 5, invalidating the retirement dismissal process and entitling the claimant to a finding of unfair dismissal under the post-repeal regime.
- Citation
- [2014] UKEAT 0141_13_0905
- Parties
- Appellant: Colin Norman; Respondent: EC Harris Solutions Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 09 May 2014
- Procedural Posture
- Employment Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Age Discrimination, Retirement Dismissal, Statutory Notice Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Colin Norman
Appellant
EC Harris Solutions Ltd
Respondent
Procedural Posture
Employment Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the employer complied with paragraph 2(1) of Schedule 6 to the Age Regulations 2006 regarding notice of retirement
- 2 Whether the dismissal was unfair following repeal of retirement provisions
- 3 Whether the extension of employment affected the statutory regime
Ratio Decidendi
The employer failed to comply with paragraph 2(1) of Schedule 6 by not informing the employee of the right to make a request under paragraph 5, invalidating the retirement dismissal process and entitling the claimant to a finding of unfair dismissal under the post-repeal regime.
Court Disposition
appeal allowed
Orders
- finding of unfair dismissal substituted
- matter remitted to Employment Tribunal to assess compensation if not agreed
Full Case Text
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