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“They also have a lot to lose if their firm chooses to dismiss them. They
may feel they are unlikely to find a new position with the same level of
pay and conditions. It’s therefore in their interests to hold on to their
existing position or at least get the best severance package possible.”
Sally says it could
be a case of who blinks first once the age card is played. Few firms would
want the publicity that goes with being one of the first companies to face
an age discrimination claim, while most executives may not want their
careers to end in an acrimonious way.
The result could be
a compromise with the executive being able to negotiate a better deal
simply by raising the issue, even if there’s no evidence of
discrimination. Some firms may even pull back from the brink and leave the
executive in place.
Sally
says some companies
have already woken up to the fact that they could be put in such an
unenviable position and are seeking advice on how to manage such cases.
“The starting point
must be to make sure procedures are in place to ensure the firm complies
with age regulations. It may also lead to senior executives having to go
through annual performance evaluations followed by formal dismissal
procedures which have traditionally been associated primarily with less
senior staff.
“This is because the
firm will usually have to show that there was a valid reason not related
to age for dismissing someone. In most cases, that reason will be to do
with levels of performance so firms will have to be able to show they have
monitored this and expressed their concerns.
“It will be
necessary to build up as much evidence as possible before even approaching
a senior manager about his potential dismissal.”
Contact Sally on 0115 9886736 for more information.
Email :
Sally Laughton | 
