In Plewes v Adams Pork Produce Limited an Employment tribunal held a dismissal to be age discriminatory under the Employment Equality (Age) Regulations 2006 (the Age regulations) as the employee was retired a day before he reached his 65th birthday.
Under regulation 30 of the Age Regulations it is not discriminatory on the grounds of age to dismiss an employee if the employee has reached the age of 65 or above and the reason for the dismissal is retirement.
In this case the claimant’s employment contract provided for his normal retirement date to be a day before he reached the age of 65.
The Employment Tribunal held that the exemption contained in regulation 30 of the Age Regulations did not apply in this case as the employee had not yet reached the age of 65. The Employment Tribunal held the dismissal to be discriminatory on the grounds of age. The employer had also failed to objectively justify the dismissal.
The tribunal granted a total compensatory and basic award of £36 332.70.