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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48485
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A employee transferred to another company on TUPE grounds some

Customer Question

A employee transferred to another company on TUPE grounds some 10 yrs + at the time and is still the case our company handbook is contractual. On retirement we offer a gift of £100 + £10 for every year of service. I have been asked today by the other employee why we would pay the retirement gift now as the default retirement age has been removed they are just treating his retirement as a resignation and therefore don't believe they have to pay his retirement gift. Are they being fair in their approach ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
What are you hoping to achieve?
Customer: replied 1 year ago.

As we still pay this to our current staff I was hoping they would honour the agreement.

Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Whilst the default retirement age has been removed, retirement still remains one of several potentially fair reasons for dismissal. People can still retire or be retired by the employer, it is just that they cannot be forced to retire once they reach a set age. So it is not a case of retirement no longer existing – it very much does, there were just changes in how it could be applied and forced on employees. If a person decides to retire and the company accepts that, the reason for termination would still be treated as retirement so any benefits which come with that would still apply if they were contractual. This is your basic legal position. I have more detailed advice for you in terms of the steps this person can take to pursue this payment in the event it is not honoured by the employer, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.