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Marshall governs pending cases

This report relates to 1 case(s)

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    Parsons v East Surrey Health Authority 25 June 1986 EAT (0 other reports)

In Parsons v East Surrey Health Authority (25.6.86) EOR10C, the EAT holds that the European Court of Justice's decision in Marshall v Southampton and South-West Area Health Authority that discriminatory retirement ages for men and women are incompatible with the Equal Treatment Directive is declaratory of the existing law. Therefore, any woman dismissed in accordance with a discriminatory retirement age provision may rely upon Marshall for the purposes of a sex discrimination or unfair dismissal claim, even if the dismissal took place before Marshall was decided by the European Court.