Upper age limit of 65 lawful

This report relates to 1 case(s)

• expand

  Rutherford and another v Secretary of State for Trade and Industry (No.2) [2004] IRLR 892 CA (2 other reports)

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

    Date:

    22 October 2004

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

  • Discrimination against over-65s remains lawful

    Date:

    1 October 2004

    The Court of Appeal has upheld the EAT's decision that the statutory exclusion from employment rights for over-65s is lawful, in the most recent decision in the long-running case of Rutherford and another v Secretary of State for Trade and Industry (formerly against Harvest Town Circle Ltd and others).