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Sex discrimination: Retirement age of 55 for BA employees not discriminatory

This report relates to 1 case(s)

Key points

In Cross and others v British Airways plc, the EAT holds:

  • The tribunal was wrong in law to state that s.109 of the Employment Rights Act 1996 did not apply to exclude employees who had attained their normal retirement age by the date of their dismissal from claiming unfair dismissal. By virtue of s.109, the tribunal had no jurisdiction to hear the unfair dismissal claims brought by employees who were made to retire at 55.