Dismissal, redundancy and retirement 

 

It is unlawful for an employer to dismiss an employee, or select a worker for redundancy, on the grounds of race, gender, marital status, sexual orientation, religion or belief.

It’s also unlawful to discriminate against disabled people unless this can be justified under the law, for example if the disability means you can no longer do the main part of your job even if reasonable adjustments are made and there are no other jobs you can do for that employer.

An employer can dismiss you fairly on the grounds of:

  • conduct
  • retirement
  • capability
  • redundancy
  • or a legal requirement that stops you from doing your job – for example, if you’re a driver and you’ve lost your licence.

For a dismissal to be fair, however, the employer must act reasonably and follow correct procedures.

Certain dismissals are automatically considered unfair, such as those on the grounds of:

  • pregnancy and various parental responsibilities: a person can’t be dismissed for taking or asking for time off for maternity, paternity, adoption or parental leave, or time off to care for a dependant
  • requesting to work flexibly
  • refusing to work on Sundays if you are a shop or betting worker (subject to certain conditions)
  • retirement, if you have asked not to retire and your employer has not considered your request.

If you resign from a job because you were discriminated against, effectively being forced into resigning, that may be considered ‘constructive dismissal’ and you may be able to bring a case to an employment tribunal. (See ‘Taking a case?’)

 

When do I have to retire?

The default retirement age is currently 65 for men and women, although employers can set retirement ages above or below this if they want to. Employers must tell you your intended retirement date in writing at least six months in advance.

You can retire before 65 if you agree this with your employer, although this won’t affect the state pension age.

If your employer tries to make you retire before 65, you may be able to claim unfair dismissal. If your employer sets a normal retirement age of below 65, they must be able to justify it – for example, if an age requirement is a genuine requirement of the job.

An employer may refuse to employ you if you are over 65, or over their normal retirement age, or within six months of that age.

Unpaid volunteering is not covered by these rules unless it is part of a training course.

If you want to stay in the job after 65, you can ask to do so. Your employer has to consider your request, but doesn’t have to grant it. You need to make your request at least three months before the retirement date, and the employer must meet you to discuss your request and give you their decision in writing (although they don’t need to give you a reason).

The Age Concern website can give you more information about your retirement rights.

The Acas website can give you more information on employers’ obligations on retirement.


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After you leave

It’s unlawful for an employer to discriminate against you on the grounds of gender, race, disability, age, sexual orientation, and religion or belief even if you no longer work for them.

This can happen if your employer:

  • gives you a discriminatory reference
  • harasses you in a way that arises out of, or is closely connected to, your employment with them.

Read ‘References and job offers: What can your ex-employer say about you?’ 


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