||All England Reporter
|| All ER (D) 70 (Jan)
||Employment Appeal Tribunal
Judge Wakefield, Mrs A Gallico and Mr D Willis
||19 October 2001
Employment tribunal - Decision of tribunal - Discrimination against a woman - Appellant employee presenting originating application claiming unfair dismissal - Employment tribunal deciding that right not to be dismissed under relevant legislation not applicable where appellant reaching age of sixty-five - Appellant claiming tribunal's decision discriminatory - Whether tribunal's decision discriminatory - s 109.
Where an appellant was appealing to the Employment Appeal Tribunal against a decision of the employment tribunal dismissing her application regarding unfair dismissal because of the age limit in of the Employment Rights Act 1996, that appellant had to present evidence to suggest that s 109 had a discriminatory effect upon her or women generally. In the instant case, as the appellant had presented no such evidence, the tribunal had made a correct decision on the review of the case as presented to them.
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