§ 4. Mr. Dodsworthasked the Secretary of State for Employment why an upper age limit for unfair dismissal claims was specified in the Employment Protection (Consolidation) Act 1978; and if he will make a statement.
§ The Minister of State, Department of Employment (Mr. Harold Walker)This provision was carried forward from the Industrial Relations Act 1971.
§ Mr. DodsworthIs the hon. Gentleman aware that, following the recent House of Lords judgment in the case of Miss Nothman, there appears to be considerable concern about the lack of clarity about exactly at what age retirement should commence, bearing in mind that particular contracts exist for some individuals?
§ Mr. WalkerThe Nothman case has caused much concern and confusion. We are studying it carefully. In the meantime, I understand that a person over the age of 60, in the case of women, or 65, in the case of men, cannot claim that he or she has been unfairly dismissed. However, if a person is dismissed when he or she is under the normal retirement age, he or she may have a case for unfair dismissal. We are looking at the matter very carefully.
§ Mr. WigleyIs the Minister aware that there may be widespread evasion of the unfair dismissal provisions, particularly by companies which let on that elderly people are unfit to do their work and redesignate them as being capable of only light work—when there is no light work available in the company? Is he aware that firms can thereby get round the unfair dismissal provisions?
§ Mr. WalkerSection 65 of the Employment Protection (Consolidation) Act 1978 provides that if a person has passed the normal retirement age he or she can be fairly dismissed. However, where persons have not reached the normal retirement age and the sort of thing described by the hon. Gentleman occurs, there is a right to lodge a claim for unfair dismissal or redundancy, as the case may be.