Veitch Penny LLP - Exeter | Crediton, Devon

Case

Ayodele v Compass Group
Employment Tribunal

Issues

The Issues
(1) Employment Equality (Age) Regulations 2006
(2) Statutory retirement procedure
(3) Unfair dismissal

Facts

Mr Ayodele was approaching 65. Pursuant to the statutory retirement procedure, his employer had given him notice that it intended to retire him at the age of 65. He then made a request to work beyond his 65th birthday. The employer had implemented a policy which set out the terms of the procedure and referred to the employer's duty to consider any requests to work past 65. It did not provide any guidance on how that request would be considered.

Mr Ayodele met with his employer to consider his request. He alleged that both that meeting and the subsequent appeal were a "mere formality" in both cases. It was made clear to him that it was the employer's policy to retire people at the age of 65 and that there were no exceptions to that rule. Indeed, one of the employer's witnesses expressed during evidence that his retirement was a "done deal". Mr Ayodele subsequently brought a claim for unfair dismissal.

Mr Ayodele was successful in the Employment Tribunal. It was found that he had been dismissed by reason of retirement, but that the dismissal had been unfair. Whilst the company had clearly complied with the terms of the retirement procedure, it had failed to comply with the duty to properly consider any requests. The Tribunal stated that the process was a sham which did not comply with the letter or the spirit of the legislation.

Decision

Mr Ayodele was awarded two years' loss of earnings which related to the period of his requested extension.

Comments

Whilst the default retirement age has now been repealed, there are still compulsory retirements pending under the transitional provisions. This case is a useful reminder to employers of the importance of properly considering requests to work past retirement.