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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I am 65 in 5 months time. I submitted my request to retire

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I am 65 in 5 months time. I submitted my request to retire at this juncture so that I qualified for a 3 month run down period. On the day that the request reached HR they announced a voluntary redundancy scheme. I wrote and retracted my original application so that I could apply for VR. They are saying that I have missed the boat. This seems very unfair and possibly unethical. Do I have anylegal rights here?
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Whilst I agree that this looks unfair and unethical, that does not mean that it is unlawful. There are two factors that would go against you in this situation. The first is that you had already submitted a formal request to retire so the employer can consider that first before your request for VR.

Secondly, whilst in practice anyone is free to apply for VR, no one is guaranteed to get it and the final decision as to who is made voluntarily redundant rests with the employer. So even if you had not applied for retirement first the employer could have still rejected your application for VR. The key would have been whether any such rejection was discriminatory in any way. The most relevant factor here would be your age so you need to consider whether your application was rejected because of your age. That may be difficult to prove but would be your only lifeline in this case. The only way to pursue this would be to go to the employment tribunal and claim age discrimination and you would need some evidence to show the tribunal that discrimination may have been a factor and then it would be for the employer to show that this was not actually the case.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
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