When does early retirement amount to dismissal for redundancy?

Article Abstract:

Two 1995 UK cases on early retirement reached contrasting conclusions on the issue of redundancy dismissals. In the Mills case, the Employment Appeals Tribunal held an employee's acceptance of an early retirement offer, made under a redundancy notice, constituted a dismissal entitling the employee to redundancy pay. In the Lornie case, the Scottish Court of Session held an employee's acceptance of an early retirement offer was his own free choice, precluding his eligibility for redundancy pay since he had never received a redundancy notice.

Early retirement

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ACAS conciliation hits new high

Article Abstract:

Over 91,000 employment rights cased were handled by the UK's Advisory, Conciliation and Arbitration Service during 1995. Although the total represented a 14% increase over 1994, the number of unfair dismissal claims dropped to 41,000 from 45,000 while the number of collective dispute cases remained steady. However, the number of Wage Act, common law breach of contract cases, and sex discrimination cases increased over 1994 totals. Ultimately, 70% of the cases filed were withdrawn or settled.

Practice, Statistics, Workers, Commercial arbitration, United Kingdom. Advisory, Conciliation and Arbitration Service

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