Upper qualifying age limit in unfair dismissal & redundancy challenge fails

• Author:
• Karen McGill

Section 109 of the Employment Rights Act 1996 (ERA) states that subject to certain exceptions, the right not to be unfairly dismissed does not apply to an employee, who has reached the upper qualifying age limit (the normal retiring age for an employee holding that position in the organisation in which he is employed or in any other case, the age of 65). Similar provisions apply in terms of s.156, to the entitlement to be paid a redundancy payment.This upper age limit has come in for challeng... (392 more words)

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