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Hi all! This one is for my Dad. He has been in the Merchant Navy all his life working on dive/supply/stand by ships, one month at sea, one month off. He turned 65 in November, but decided long before then he'd work till the end of the year then retire. However being an active man he decided he would stay on till his next medical is due in August this year and if he passed that and was still wishing to continue work, he would.

 

The other day, he rang up a ship mate for a chatter. The ship mate said to him "Oh, you're a sly beggar, you are, you didn't say you'd decided to retire!" My Dad asked what on earth he was talking about and the ship mate said "You're joking - they've given someone else your job" So Dad rang the ship company who said they'd retired him. He got his official letter today stating that it's not their policy to keep people on after retirement age! Dad wants to fight this decision. They have offered him an "ad hoc" job - from what he said (dad lives miles away, we talk on the phone) this "ad hoc" job will be a case of him sitting at home and going to the ship when needed, and incidentally only paid if he's called up - which he feels will be never, and also feels is the company's way of covering up for effectively sacking him.

 

I personally feel he's been sacked - I mean they have terminated his employment contract and with it the terms and conditions of his employment, and given his job to someone else, my father had to learn of this from a ship mate! No discussion, no meetings, nowt. To me this is sacking, but I know what I think personally doesn't come into it, it's the facts which count.

 

I think he could fight it for unfair dismissal on the grounds of age discrimination, after all his last medical was fine, and he's not due another till August, so he's physically and mentally capable of work and more importantly, willing to work. He never handed in his notice or expressed a wish to retire to the company.

 

Can someone please help me with this as I'm afraid I know little about what, if anything can be done about it. Please help me to help my Dad, if you can. Thank you,

 

Erika.

Edited by ErikaPNP
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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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They should have written to your father months ago clarifying his normal retirement date and advising him he had the right to request to stay on after that date. He would then have to write back stating he would like to exercise his right to request to continue working past his normal retirement date.

 

There should then be a meeting to discuss his request followed by a written decision from the employer i.e. request granted, or that they will be retiring him at 65.

 

The employer does not have to grant the request to continue working, but they have to give consideration to the request.

 

Your father should certainly raise a complaint via the HR department.

 

Ell-enn

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Hi Ell-enn, thank you for your response.

 

I spoke to my dad tonight on the phone and asked if the company wrote to him at any time and he said they wrote to him in September, asking if he'd like to continue. Dad replied stating that he'd like to work till AT LEAST the end of December.

 

As I stated in my earlier post, Dad wanted to work till the end of the year, but knew he'd probably want to stay on longer and he says that is the reason he put the words "at least" in the letter, to keep his options open. That was the last written communication between them till he found out he'd been retired and then the letter I mentioned in my post arrived after he'd contacted them by telephone to enquire why they'd given his job to someone else. This letter stated it was not their policy to keep people on beyond retirement age as it was a "hard job" and "not safe"

 

Again - this is only my personal opinion - he's managed this job all his working life, managed to keep safe, many men end up in the water, he's only gone overboard twice in his entire working life at sea of 49 yerars, and again, his medical declared him fit for work so I can't see how they can use that as an argument, i.e - write to him, ASKING if he wants to stay on, let him stay on and then retire him a month after his 65th, stating "company policy"? I don't understand how it can be company policy if they initially wrote asking him if he'd LIKE to stay on, if you see what I mean?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hi, can you get him to clarify the exact words in the letter in which he says they asked him if he'd like to stay on. The reason I ask is that the letter should have stated he has the right to request to stay on after normal retirement date. Even if an employee does exercise their right to ask - the company does not have to grant the request.

 

Let us know when you have the exact wording.

 

Kind Regards,

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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