Tribunal finds Gallaher discriminated against employee on age grounds

Thursday, 14 December 2017

Tribunal finds Gallaher discriminated against employee on age grounds thumbnailAn Industrial Tribunal found Bernard Barlow (66) was discriminated by Gallaher on the grounds of his age. GB50979 p3

AN Industrial Tribunal has found that a man, who worked for Gallaher Limited in Ballymena for 27 years, was discriminated against on the grounds of his age as he was excluded from its enhanced severance package when its factory in Ballymena closed.
Bernard Barlow (66), was employed as a machine worker at the factory owned by Japan Tobacco International Limited since October, 1998.
In May 2014, Mr Barlow notified the company that he wished to work after he had reached 65 in February, 2016.
This ambition was frustrated when the company announced that it intended to close its Ballymena factory, a decision it confirmed in January 2015.
Following this decision, discussions took place between the management and the Unite trade union on the redundancy package.
The package was based on a contractual redundancy scheme in place from 2009 which stated "entitlement... only applies up to age 65" with employees over 65 only receiving statutory redundancy pay.
This scheme had not been amended following the removal by Government of the Default Retirement Age in October 2011.


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