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Exclusions and qualifications: Phased implementation did not override normal retiring age

This report relates to 1 case(s)

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    Barclays Bank plc v O'Brien and others [1994] IRLR 580 CA (0 other reports)

Employees who were compelled to retire between the ages of 60 and 65 were not entitled to complain of unfair dismissal, because a normal retiring age of 60 applied to those in their position, holds the Court of Appeal in Barclays Bank plc v O'Brien and others. The employer's modification, to a limited extent, of its policy of retirement at 60 was aimed at alleviating hardship for employees aged over 55. This amounted only to a special exception which did not nullify the normal retiring age.