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Diversity – From Why To How Workshop 2 - page 92 / 103

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92 / 103

Impact On Unfair Dismissal

As a retirement will constitute a dismissal, the rules on unfair dismissal will apply and amended to include ‘retirement’ as a potentially fair reason to dismiss

The amended legislation will distinguish between a ”planned” and a “non-planned” retirement dismissal

Where ”planned” retirement is concerned, it will be assumed from the outset that the reason for dismissal was retirement unless the employee shows otherwise

In “non-planned” retirement situations it will be presumed that the reason for dismissal was not retirement unless the employer shows that retirement was in fact the real reason

The 3 step statutory dismissal procedure will not apply to genuine retirement dismissals

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