Updated to include information on Khan v Stripestar Ltd, in which the EAT considered the extent to which a defective disciplinary process can be cured through an appeal; and Grayson v Paycare concerning the correct approach to a Polkey reduction.
This well-publicised decision concerns whether or not four assistant referees were discriminated against as a result of a retirement age of 48.
This case is a stark reminder to employers of the dangers of neglecting to follow any aspects of the prescribed "duty to consider" procedure when an employee is being retired by the employer.
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.
HR and legal information and guidance relating to dismissals where the reason for the dismissal is retirement.