Mrs C wished to continue working beyond her 65th birthday
Her employer failed to notify her in writing of her right to request to continue working beyond the national retirement age, failed to hold a meeting prior to making the decision to dismiss her by reason of retirement and further, failed to notify her of her right to appeal against their decision.
Mrs C therefore lodged a claim of unfair dismissal in the employment tribunal.
In addition, Mrs C's employer failed to notify her of her statutory right to request not to retire in writing between 12 and 6 months prior to the intended date of retirement, which is contrary to the Employment Equality (Age) Discrimination Regulations 2006.
Our client lodged a further claim in the employment tribunal for failure to comply with the duty to notify under the Employment Equality (Age) Discrimination Regulations 2006.
We were instructed after Mrs C had already been dismissed by reason of retirement, and immediately drafted proceedings on Mrs C's behalf, and lodged her claims with the employment tribunal.
We also wrote to Mrs C's employer, setting out the strengths of her potential claims and detailing her settlement proposals with a view to reaching an amicable agreement without the need for Mrs C to attend a hearing. An initial £3,500 settlement offer was successfully increased to £5,000.
As a result of Mrs C's claim being proactively managed and presented in the strongest terms, we were able to negotiate and settle the case just two months after being instructed.
Mrs C was very happy to recover 14 months of net wages, as this was an obvious financial help following retirement. Importantly for Mrs C, she avoided having to attend a hearing.
Who dealt with the case?
The case was handled by solicitor, Caroline Marshall, who specialises in handling employment tribunal claims, including discrimination, whistle blowing, constructive dismissal, unfair dismissal, wrongful dismissal, unlawful deduction of wages and breach of contract.
Caroline also deals with non-contentious employment issues, including advising on terms of compromise.
She said, "I understood how much the claim meant to my client, who felt she'd been treated poorly during the retirement process. Throughout my conduct of her claim, I gave her my full support and kept her fully advised on the prospects of her claims succeeding, the law surrounding her claims, tactics, and process and procedure, to enable her to achieve the best possible outcome for her.
I also drafted proceedings on her behalf and lodged the same with the employment tribunal."
Client testimonial
"Caroline did a wonderful job and I was very impressed with the outcome. She was very efficient, always contactable, and the settlement sum was beyond my expectation."
