Representing older workers - a guide for trade union negotiators (July 2013)

Chapter 1

Unfair dismissal

The Regulations removing the DRA have also amended unfair dismissal law. Retirement is no longer an automatically fair reason for dismissal.

A retirement in line with an objectively justified retirement age policy could be a potentially fair reason for dismissal under the Employment Rights Act 1996, but only if retirement was the genuine reason for dismissal and it was handled in a procedurally fair way.


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