Case - Brooks v British Telecommunications plc

[1992] ICR 414 , Court of Appeal - Jane McNeill QC

Appeal by 23 employees against dismissal of claims for unfair dismissal by reason of dismissal between the ages of 60 and 65 where a notice in British Telecom Gazette 2/7/86 stated the normal retiring age for employees was 60 and that retention beyond 60 would "become increasingly unlikely in the future".
HELD: In Waite v Government Communications HQ (1983) AC 714 it was held that the normal retiring age for the purposes of s.64 1)(b) Employment Protection (Consolidation) Act 1978 was the contractual retiring age but this might be displaced by evidence that it was regularly departed from in practice. The age adopted by the tribunal showed no error in law.
Appeal dismissed.

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