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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14030
Experience:  I have been practising for 30 years.
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Just curious about how the definiton of someone being too

Customer Question

just curious about how the definiton of someone being too old is measured. I am aware the miltary is outside the Age related acts but I am seeking clarity.
JA: Where are you? It matters because laws vary by location.
Customer: in Engalnd England sorry
JA: What steps have you taken so far?
Customer: None other than initilay accept the definition given
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The definiton provided is
Submitted: 4 days ago.
Category: Law
Customer: replied 4 days ago.
are aged 52 or under on 1 October of the year of the board. Now is this the day after my 52nd Birthday or is it the day I turn 53?
Expert:  F E Smith replied 4 days ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore I maybe delayed in replying.

in what is this in relation to please?

Customer: replied 4 days ago.
It is relation to being eligible for promotion.
the full criteria is Promotion to Lieutenant Commander/Major (OF3). Promotion to OF3 is by selection from those eligible RNR Lieutenants who have attained six years’ seniority (four years for Captains RMR) and are aged 52 or under on 1 October of the year of the board. A board will be convened during February with promotions effective on the following 1 October. For RNR officers to be eligible, the relevant Training Matrix must have been completed and a Certificate of Professional Qualification submitted to the MR Promotions Office within three months following the CRD.
Expert:  F E Smith replied 4 days ago.

The selection board may choose different criteria but everything else you are 52 up until the day you turn 53.

 

Sometimes organisations will refer to “age attained” and if it was on that basis it would be on your 52nd birthday

Customer: replied 4 days ago.
Ok sounds like I have no case. The criteria is as per the definiton I sent through. Can they utilise age attained when it states 52 or under?
Expert:  F E Smith replied 4 days ago.

52 and under it would in my opinion imply age attained. However I have done little bit of research just (not case law, just a little bit of research) and the general consensus disagrees with me which is that up to age 52 means the day of your 52nd birthday.

There may be case law hidden in an archive somewhere but that’s going to cost 350 pounds per hour to research and outside the scope of the site although a barrister may give you an opinion and the case law for about 600 pounds plus VAT so it may not actually be worth it.

It may not be favourable either.

What they would be able to rely on however is all the previous decisions basically, custom and practice.

Customer: replied 4 days ago.
ok thanks for your time.
Expert:  F E Smith replied 4 days ago.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Thank you.

Best wishes