This case concerns an employee in his 70s who had worked for the employer since 1989 and was eventually retired by the employer in September 2009, a year after a retirement policy was introduced. It appeared that employees regularly worked on past the age of 65, with the exception of managers who had a contractual retirement age of 65. In contrast, the complainant never had a written contract of employment. The Tribunal accepted the complainant’s evidence that he only became aware of the policy in April 2009 and that he had not been consulted on it or, in any way, consented to the change.

Having decided that the complainant had been discriminated against compared to younger employees who were