Quote:
Originally Posted by arista
Young staff took over
Thats normal - Every place
He was Not Sacked
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Not really, any employer who got rid of staff simply to replace them with younger models, without another good reason, would find themselves on the wrong end if an unfair dismissal claim.
You can make people redundant, but by definition this means you can't replace them. Or you can find a reason to fire them based on misconduct. It, as is very common, you can force a resignation.
You can't get rid of someone who has done nothing wrong (in terms of their contract) and replace them for superficial reasons such as age, gender or looks.
My company has several old relics who frankly hold things back, for reasons such as computer illiteracy (they can do the work but younger staff, even inexperienced, are simply faster because they've grown up with tech) and the company would LOVE to "freshen" those people out of the company, but like I said, you can't just do that. What they do instead, is scrutinise them until they make a mistake and then threaten to fire them for gross misconduct , and tell them it would be better for them to resign as they will then provide a good reference. Lovely.
But, there literally needs to be at least one semi-serious mistake to get rid of staff unless it's a redundancy. John McCririck's case may well hold up, as they directly replaced him, meaning it's not a redundancy. Totally depends on his contract, though. If they broke a long term one, he'll win. If he's simply had a rolling year to year contract that they didn't renew, then he doesn't have a leg to stand on.