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Normal retiring age: Unilateral lowering of retiring age was ineffective

This report relates to 1 case(s)

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    Bratko v Beloit Walmsley Ltd [1995] IRLR 629 EAT (0 other reports)

In Bratko v Beloit Walmsley Ltd [1995] IRLR 629 the EAT holds that an industrial tribunal was wrong to find that an employer's action in unilaterally reducing the age at which employees had to retire to an age below the contractual retiring age established a new "normal retiring age". The contractual retiring age for employees in the relevant position establishes a presumption as to the normal retiring age, which cannot be changed to the disadvantage of the employee without the employer taking the steps necessary to effect a lawful change in the contractual retiring age.

Mr Bratko was dismissed by his employer, Beloit Walmsley Ltd, in April 1993, when he was 64.