UK Employment Law
UK Employment Law Questions Answered by Verified Experts
My company launched a special early retirement package for all in September. Final salary figures were issued to every one who wanted them in October with a registration of interest form which was returned on time. There is a caveat in the application concerning operational need. In some parts of the company (hourly) it is based on age and service, in others (salary) it is not. Other employees (salary) of similar age and service length have been granted SER but all registered applicants in my area have been rejected due to a decision taken by one person. I contacted my HR manager and the person who blocked my application setting out a case for why I thought that I was an ideal candidate. No reply from HR manager and a curt reply from the other manager. At age 62 with 35 years eleven months service there can't be many other employees that idealy fit the bill. It is an optimum time for me to leave the company under this offer. I feel as though I have been disadvantaged compared to other employees. Is there a case for indirect discrimination?
Is special early retirement the same as voluntry redundancy? I ask this question because my manager has said the reason I can't leave is because the company can't back fill my position if they go to the Government and claim funding. I can understand this for redundancy but for early retirement with enhancements I just don't know. Can you please advise?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).