Birmingham legal executive loses unfair dismissal case
A long-serving legal executive has lost his case for unfair dismissal against his former employers after claiming he was forced to retire.
David Agar, aged 66, from Moseley, believed that Birmingham law firm Challinors Solicitors did not consider his wishes not to be retired from his role within the personal injury team as he approached his 65th birthday and should have kept him on.
At an employment tribunal in Birmingham this week, Tribunal chairman Fiona Monk said the decision to dismiss Mr Agar’s claim was unanimous and the panel was satisfied Challinors Solicitors had followed all legal procedures when ending Mr Agar’s employment.
Ms Monk concluded Mr Agar had not been unfairly dismissed and called it “a regrettable and unfortunate end to a long career.”
Mr Agar had worked for the firm for 38 years and was due to retire on January 22, 2009.
In the summer of 2008, Challinors was undergoing major restructuring, shedding 30 to 40 jobs.
Mr Agar, who earned more than £38,000, sent a letter to his employers expressing his wishes to remain but it was never received by them.
Mr Agar then held a meeting with two executives from the firm to discuss his approaching retirement date.
When asked if the letter would have made any difference, Mr Bannister, a partner at the firm, said: “Having explained to him the business plan, in my view, it wouldn’t have altered the outcome, no alternatives had been raised.”
Mr Agar had brought an age discrimination case against the firm earlier this year but it was struck out.
After the latest case, Mr Agar said: “I wanted to make it 40 years as a matter of pride and I loved it. I accept the decision and it was the end of the matter.”
Paul Griffiths, senior partner at Challinors, said: “The firm is pleased the tribunal ruled unanimously that Challinors had indeed followed a correct, fair and reasonable procedure in this case and we are sorry and surprised the case got as far as a tribunal hearing, given that David had reached the normal age of retirement of 65.”
