Rutherford and another v Secretary of State for Trade and Industry (No.2) [2004] IRLR 892 CA

Reports relating to this case:

  • Upper age limit of 65 lawful

    Date:
    1 November 2004

    In Rutherford and another v Secretary of State for Trade and Industry (No.2) (3 September 2004), the Court of Appeal upholds the EAT's decision that the statutory upper age limit of 65 on the rights to claim unfair dismissal and redundancy pay is not indirectly discriminatory against men.

  • Unfair dismissal: Upper age limit does not indirectly discriminate against men

    Date:
    22 October 2004

    In Rutherford and another v Secretary of State for Trade and Industry, the Court of Appeal holds that an employment tribunal erred in law in holding that the upper age limit default provisions in the Employment Rights Act 1996 relating to unfair dismissal and redundancy payments were indirectly discriminatory against men.

  • Discrimination against over-65s remains lawful

    Date:
    1 October 2004

    The Court of Appeal has upheld the EAT's decision that the statutory exclusion from employment rights for over-65s is lawful, in the most recent decision in the long-running case of Rutherford and another v Secretary of State for Trade and Industry (formerly against Harvest Town Circle Ltd and others).