Under previous employment law , it was not possible to bring an unfair dismissal or redundancy claim if you had been dismissed after you had reached your employer’s retirement age, or aged 65 if there was no retirement age. From April 2006 dismissal on grounds of retirement remained lawful, but only if a certain procedure was followed.
The amended age discrimination provisions of the Equality Act 2010 abolish this situation, so you may well have an unfair dismissal or redundancy claim if you are dismissed past 65 or your employer’s retirement age.
Note, though, that the age discrimination provisions of the Equality Act 2010 have only recently prohibited retirement dismissals - an employer who, prior to April 2011, gave notice to its employee of his or her impending retirement may still be able to lawfully terminate that individual’s employment on the grounds of retirement over the coming months.
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