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Criteria for determining "State" employer

This report relates to 1 case(s)

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    Foster and others v British Gas plc (No.2) [1988] IRLR 354 CA (0 other reports)

In Foster and others v British Gas plc (13.5.88) EOR21E, the Court of Appeal holds that whether a public employer is an "emanation of the State" so as to give its employees directly enforceable rights under EEC law depends upon whether its powers fall within the province of government. On this basis, a nationalised industry such as British Gas prior to its privatisation, was not a corporate entity of such a type that its employees were entitled to rely directly upon the provisions of the EEC Equal Treatment Directive relating to discriminatory retirement ages.