Normal retirement age

Case 9: The facts

Robert Wall, a company director was dismissed before reaching his retirement age of 70. His employers claimed that because his grade was unique to him he could not have a normal retirement age and since he had passed the state retirement age of 65 he was barred from taking an unfair dismissal claim.

The ruling

The Court of Appeal held that in cases where the employee's grade is unique there can still be a normal retirement age if the contract specifies one. Since Wall's contract said he would retire at 70, it was only at that point that he lost his right to claim unfair dismissal.

* Wall v British Compressed Air Society Case No: A1/2003/1226