Background

In the case of Sean Fleming v Instant Upright Limited (ADJ-0033239) the employee was employed for approximately 30 years with the employer. His employment contract contained a clear and unambiguous clause providing for a retirement age of 65. The employee claimed that at a time of company wide redundancies, he was advised that his services would be required in the future, however, three months later he was retired against his will.

The Employee's Position

The employee submitted that there had been company wide redundancies in or around September 2020 and at the time, he was not selected for redundancy. In October 2020, a pension broker on behalf of the employee notified the employer that his pension plan would