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Unfair dismissal: Normal retirement age not lower than contractual retirement age

This report relates to 1 case(s)

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    Royal and Sun Alliance Insurance Group plc v Payne [2005] IRLR 848 EAT (0 other reports)

Key points

In Royal and Sun Alliance Insurance Group plc v Payne 2.8.05, UKEAT/0122/05/CK, the EAT holds:

  • The tribunal was correct to find that an employee with a contractual retiring age of 65 had been wrongfully and unfairly dismissed when his employer terminated his contract of employment at the age of 62.
  • The employee's contractual retiring age was 65 and, as he had not agreed to vary the contract of employment, it could not be said that he had a normal retirement age of 62, which the employer had adopted as a policy long after the employee had commenced work.