Forced to retire? Heyday challenges Mandatory Retirement Age

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Sunday, 23, Nov 2008 11:52

Heyday's legal challenge to mandatory retirement ages (MRA) is gathering momentum. But it would give a big push to our campaign to have more stories from people who have been forced to retire. This would enable us to really bring home to MPs, the government and others, the impact that this has on people's lives.

The stories we've had so far from Heyday members and the general public indicate that people are being forced out of jobs they enjoy - and are good at - for no reason, apart from their age.

People have told us that some employers are operating a policy of refusing all requests to work beyond 65, without considering the benefits that the employee brings to the organisation or the extra costs of finding and training a replacement.

With your help, we're hoping to be able to make a real difference to the way that organisations treat their older employees. We look forward to hearing from you!

Forced to retire recently or facing unwanted retirement ?

Anyone who has been forced to retire in the last three months - or who has a retirement date coming up - can still bring a claim at the employment tribunal.

Even though mandatory retirement is legal as the law stands, if you make a claim within three months of your retirement date, the tribunal should put your claim on hold until the outcome of the Heyday legal challenge*.

The President of the Employment Tribunals made a direction in November 2007 to all tribunals that all relevant retirement cases should be stayed pending the outcome of our case. Then, if the law changes as a result of our case, you may be able to claim compensation for age discrimination and unfair dismissal.

Anyone in this situation should seek advice about the law and how to make a claim. Remember, there's no guarantee that a claim will succeed, and the employment tribunal procedure can take a long time and can be stressful but, as a last resort, it could be your only option for taking legal action.

*Heyday is part of the National Council on Ageing, which is more commonly known as Age Concern.