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Taking an employer to Employment Tribunal


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Hi

 

My father in law went off on long term sick in September - he's been diagnosed with a disability that he will never recover from. He worked for the same employer for 20 years, they have made no effort to contact him throughout this sickness leave. He is now due to retire in May and has had no information about his pension or whether he could have accessed it earlier, he has been relying on SSP for months. He has received no information on the right to work on after 65. I think he should take his employer to tribunal. What are his rights to claim ?

 

Any advice would be great.

 

Thanks

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Hi

 

Can you give a wee bit more info. What is the current situation with your father-in-law. Is he still off sick? Was he dismissed? Do you know the type of pension scheme he was a member of?

 

There's a lot of people on this board with excellent experience and advice to impart however they'd probably need more info to get started.

 

Thanks

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Hi

Thanks. He's still off sick, he's in a company stakeholder pension. He's not been dismissed yet, but is due to retire in 2 weeks time, I assume that either way they have messed up ? Surely if they retire him they are in breach of the Stat. retirement regs and if they don't he'll have to resign and then he can claim constructive dismissal ?

 

Do you need further info ? Thanks for your reply.

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Hi Fiona, sorry to hear about the illness.

 

 

Unfortunately, there could be very little that he could do. Allow me to explain. The compulsory retirement of an employee is a potentially fair reason for dismissal [s.98(ba) ERA 1996]. As the default age for retirement has been set at 65, any dismissal for retirement of an employee who has reached this age will be fair provided that:

 

 

a) There is no normal retirement age (NRA) and the employee retires at or after 65; or

b) the NRA is 65 or higher and the employee retires after that age.

 

 

Basically if the above applies, and the employer follows the correct procedures (notification at least 6 months in advance, inform employee of right to request working beyond that age, consider such a request in a meeting and to allow an appeal) then there with be nothing that the employee can do.

 

 

The disability will not add anything to the claim, provided that the employer can show that the reason for the dismissal was retirement at 65 not because he was disabled.

 

 

In your case the breach of the procedures (i.e. no notice) entitles the employee to a set award at tribunal - this is up to 8 weeks pay. There may well be no claim beyond this.

 

 

Kind regards

 

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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