Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you provide some more information so that I can advise you. Thank you
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Hi sorry can you please clarify why she cannot actually provide the care, why is she unsuitable?
Whilst you cannot just treat someone detrimentally because of their age, and that includes dismissing them, you are able to objectively justify such treatment or even a dismissal. This means that even if age was a factor, it could be justified and not be discriminatory. Whether we like it or not we get old and with age our abilities will deteriorate. That does not mean you cannot remove someone who cannot do their job properly because of old age – there will be a point where you will have to consider the priorities of the work they do, including clients, health and safety, etc.
In fact you used to be able to retire people when they reached a certain age. This was outlawed a few years back but you can still force someone to retire by objectively justifying it. So this is not so much a TUPE query, this is a matter of capability and potential removal due to no longer being able to perform their job or because you perhaps wish to retire them and try to objectively justify that. This would not automatically amount to discrimination and there are ways of trying to get around that.
This is your basic legal position. I have more detailed advice for you in terms of the factors which have been considered acceptable to force an older person to leave, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you i will reply later on today
Thanks for your patience. What reasons would qualify as being objectively legitimate will very much depend on the circumstances and will evolve through case law with time, but as an example they could include:
· Workforce planning
· Promoting the recruitment and retention of younger employees
· Contributing to a pleasant workplace and protecting the dignity of older workforce by not requiring them to undergo performance management procedures
· Protecting against incompetence
· Ensuring a high quality of service
· Having an age-balanced workforce, as this can promote the exchange of experience and innovation, and therefore contribute to the quality of the work
· Avoiding adverse impact on pension and benefits, that is, the increased cost of extending such benefits to older workers
So whilst dismissal purely because an employee has reached a certain age is no longer possible, there are still age-related reasons which an employer can use to dismiss an employee, provided they are considered reasonable in the circumstances.
Hello it is indeed possible but dismissal should not be the first option you go for. You need to treat that as a last resort so you will be expected to find some other employment she may be able to do. Of course there may be nothing available or she could refuse to do anything offered so eventually a dismissal would be possible on grounds of capability.
She cannot demand a meeting with them if she does not want to see her, also she cannot be forced to work with her if the client does not want to have her...the client's wishes will take precedence
Hi yes I am afraid you are
Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. Whilst I didn't mind answering a quick follow up query, If you need any further more detailed help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks
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