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Exclusions and qualifications: Tribunal erred in deciding whether or not employee was too old

This report relates to 1 case(s)

In Dormers Wells Infant School v Gill 16.7.99 EAT 596/97, the EAT holds that a representation made to an employee that he would remain in employment until his partner retired, and/or the fact that other employees worked beyond the age of 65, was not sufficient to found an employment tribunal's jurisdiction to hear his complaint of unfair dismissal. The tribunal failed to identify which (if any) employees in the school where the employee worked held the same position as him, or to establish what (if any) was the normal retiring age for employees holding that position. The EAT therefore remits the case to a fresh tribunal.