Rrtirement/Redundancy Appeal meeting

rugbywidow15

My mum has an appeal meeting tomorrow regarding her employer making her retire rather then making her redundant. I have put together the following for her to take with her as she gets very emotional and the doesn't know what to say.


Just wondering if someone else can have a read and see if this makes sense?



She is a long serving member of staff, 30 + years of continuous service.
Works part time 14 hours a week.
Excellent Attendance
No performance issues
Advised by team leader that ‘a valued member of the team’
Extending retirement age since Oct’ 08 when turned 65 with no issues or concerns.

However on Friday 1st April told that I was being made to retire and given 6 months and 2 days notice.

On Tuesday 5th April told centre is closing

- Due to Economic reasons not viable to keep business open. Manager advised that this has been known by management for past 12 months.(told this at first hearing meeting and its been minuted)


- Not offered any positions elsewhere within organisation- told that there wasn’t any.


- Told that all members of staff over the age of 65 are bring made to retire however has since been advised that this is not the case and that there are other employees within organisation that are over 65 that are still working. (told this at first hearing meeting and its been minuted)


- 2 members of my team were under 65 and both received redundancy payments.


- 2 members over 65 no redundancy just retirement – why?

Because you gave them notice to retire 4 days prior to this meeting.

The question now is this?

Could it be considered that you gave notice to retire to avoid paying redundancy?

Was the decision objectively justified?

When you gave them notice to retire, did you know that 4 days later you would be closing the centre and starting redundancy process?

Yes, you knew for over a year.

Where there any issues with performance?

No, none. Can provide copies of 121 and appraisals to prove this.

If the centre had stayed open would you have made me retire?

No. My performance hadn’t altered, my 121’s and appraisals were good, and the fact that you had allowed me to work for 3 years past the age of 65, I believe that you would have continued to allow me to work.

Are there other members of staff over the age of 65 still working with in the Company?
Yes


You cannot compulsorily retire an employee unless it can be objectively justified? Was this the case?


Is this okay? I just want to give her some support and guidance as the appeal board have 10 managers and directors sitting on it.

Thanks.

SarEl

Yes, it is a good series of atguments provided that you understand that these are arguments in an employers appeal and have no legal weight. The only legal "bits" are that at the time they had the right to force her to retire, and "saving money" (for the redundancy payments) is an acceptable objective justification. Unfortunately you cannot claim age discrimination for the very reason you have stated - others over 65 were not treated in the same way, so they cannot be comparators, and you also cannot claim that only people over 65 were trated in this way because some were not. So you have moral grounds, but no legal grounds based on what you have said about it here.

wellused

Good luck to your Mum I hope it goes well and Isn't too trying for her.