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  |  Experts  |  Workplace Rights - Rachel Lewis  |  Can he sack her because she's too old?
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Can he sack her because she's too old?

by Work Rights Expert, Rachel Lewis

question
There is a lady in my office who's well past her retirement age and beginning to make a vast number of mistakes. My boss is talking about 'retiring' her. Can you tell me where she (and he) stands with regards to notice periods and so on? She has been with the company for many years and neither party has a copy of her original contract. keryn1977

answer
Basically, in the absence of a contract, notice periods by statute are one week per year of service, up to a maximum of 12. However, if there is no normal retirement age for the job, the woman may possibly be able to argue unfair dismissal - so your boss needs to be slightly careful as to how he approaches this.

Live Q&A on Ask The Expert
Employment lawyer Rachel Lewis advises on your work-related issues

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