Bratko v Beloit Walmsley Ltd [1995] UKEAT 798_94_1109 (11 September 1995)

Bratko v Beloit Walmsley Ltd [1995] UKEAT 798_94_1109 (11 September 1995)

The employer could not unilaterally reduce the normal retirement age below the contractual retirement age without lawful variation or employee consent; the Industrial Tribunal erred in law in holding otherwise.

Source-derived case information.

Citation
[1995] UKEAT 798_94_1109
Parties
Appellant: Mr Bratko; Respondent: Beloit Walmsley Limited
Jurisdiction
United Kingdom
Judgment Date
11 September 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; application remitted for re-hearing before a newly constituted Industrial Tribunal.
Legal Topics
Retirement Age, Unfair Dismissal, Contract Variation, Jurisdiction of Tribunal
Employment Law Retirement Age Unfair Dismissal Contract Variation Jurisdiction of Tribunal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Bratko

Appellant

Beloit Walmsley Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the employer could unilaterally reduce the normal retirement age below the contractual retirement age without employee consent or lawful variation
  2. 2 Whether the Industrial Tribunal had jurisdiction to hear the complaint under Section 64(1)(b)(i) of the Employment Protection (Consolidation) Act 1978

Ratio Decidendi

The employer could not unilaterally reduce the normal retirement age below the contractual retirement age without lawful variation or employee consent; the Industrial Tribunal erred in law in holding otherwise.

Court Disposition

Appeal allowed; application remitted for re-hearing before a newly constituted Industrial Tribunal.

Orders

  • Remit the application to the Industrial Tribunal for a re-hearing before a newly constituted Tribunal.