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Tribunal strikes down age limit

This report relates to 1 case(s)

In Rutherford v Towncircle Ltd and Secretary of State for Trade and Industry (No.2) and Bentley v Secretary of State for Trade and Industry (22 August 2002), an employment tribunal has ruled that the statutory upper age limit of 65 on the right to claim unfair dismissal and the right to a redundancy payment is indirectly discriminatory against men and contrary to EU law.

The issues

These joined test cases challenge the exclusion in the Employment Rights Act of employees aged 65 and over from the right not to be unfairly dismissed and the right to a redundancy payment.