If you make a person retire (in the correct manner & notification requirements) but they don’t actually retire – could they claim a redundancy payment when they leave?

Posted in : First Tuesday Q&A NI on 6 July 2010
Emma-Jane Flannery
Arthur Cox

The key issue here is to determine whether the reason for the dismissal of the employee in these circumstances is retirement or redundancy, both of which are potentially fair reasons for dismissal.

Since the introduction of the Employment Equality (Age) Regulations (Northern Ireland) 2006 in October 2006, the upper age limit of 65 to claim a statutory redundancy payment has been removed. Therefore, strictly speaking and subject to what follows, if redundancy is determined as the reason for dismissal, this employee, even if he or she is over 65, could be entitled to claim a redundancy

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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