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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49773
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have employed in the same + years under employment

Customer Question

I have employed in the same for 25+ years under employment contract . When I turned 65 I continued in employment without a break during this I never was given a new employee contract . Does the original working contract is still applicable . My employer has now intimated to me , that they would like me to to leave in December of my own volition . I wish to.continue working in my present job I might add in this period I have never been off sick , and have only taken my allocated leave off each year .
Thank you for your time
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you know why they want you to leave?
Customer: replied 2 years ago.
Hi Ben , well They told me it was to make way for a younger employee. Each year I have a medical test for my HVG drivers licence , which I use as part of this job . To date I have passed every year and it's up to date . Throughout the past 25 years never have I failed in any performance records for my job . I am a diesel mechanic on trucks and heavy duty equipment (road works, big stuff.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, my sincere apologies for not getting back to you sooner. My partner had to be admitted to hospital yesterday and unfortunately all my time was taken up by that so have only just managed to return on here to catch up on work.
To answer your first question the original co tract would still stand and so would all of its terms. That is unless any changes were agreed between the employee and the employer. Also the continuous service would have been preserved so your employment service would still be 25+ years.
If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
Compulsory retirement was also abolished several years ago so an employer cannot just rely on an employee reaching 65 to be able to dismiss them. However, an employer could discriminate against someone because of their age if they can objectively justify it. For example the police have a rule that officers must retire after 30 years of service, something done on financial grounds. This was held to be legal in the courts.
Another case ruled that it is possible to force an older employee to retire at 65. In the case of Seldon v Clarkston Wright & Jakes a former partner in a law firm challenged the firm’s directly discriminatory compulsory retirement age of 65. The Supreme Court decides that it was possible for succession planning purposes, for example if they had younger employees who had to progress their career and the older person who had progressed as far as they could was in the way.
However, there is no definitive test as to what is acceptable and what is not and it depends on the individual circumstances. So if you find yourself forced to leave then you can appeal with the employer but after that the only option is to make a claim in the employment tribunal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.