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

This report relates to 1 case(s)

Key points

In Rutherford and another v Secretary of State for Trade and Industry, the Court of Appeal holds:

  • 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.
  • The tribunal had approached the assessment of disparate adverse impact wrongly, identifying a pool that was too narrow.