A tribunal has held that an employee who faced enforced retirement on his 65th birthday was unfairly dismissed, as although the employer considered the employee’s request to continue working, it did so on the basis that retirement was a ‘done deal’ and the employee could not change the outcome. The Tribunal held that although employers are not expressly required by the legislation to act in good faith when considering a request to continue working, it is nonetheless implicit that they must do so.

The employer has appealed the decision to the EAT, and Bite Size will update you on any developments on this issue, which may be relevant to employers looking to retire employees before the default retirement age is abolished in October 2011 who may be seen as less open-minded in deciding whether to grant requests to continue working.

Ayodele v Compass Group plc