| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 261 (Jun) |
| Court: | Employment Appeal Tribunal |
| Judge: | Wilkie J |
| Representation | Ben Cooper (instructed by the Bar Pro Bono Unit) for the employee. |
| Karen Moss (instructed by Curwens, Enfield) for the employer. | |
| Judgment Dates: | 22 June 2007 |
Catchwords
Employment - Discrimination - Age discrimination - Employer dismissing 82 year old employee - Employee presenting claim before employment tribunal alleging unfair dismissal - Tribunal refusing jurisdiction on basis that employee over 65 years of age - Whether tribunal erring - , s 109 - Employment Equality (Age) Regulations 2006, SI 2006/1031 - Council Directive (EC) 2000/78 (establishing a general framework for equal treatment in employment and occupation.
The Case
Employment Discrimination. Although the principle of non-discrimination on the grounds of age was to be treated as a general principle of Community law such that, in certain circumstances, a national court could be required to set aside any provision of national law which conflicted with that principle, where the government of a member state had complied with the implementation provisions of Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation) (the directive) that general principle did not apply so as to extend the provisions against discrimination so that they applied earlier than the timely transposition of the directive into domestic law.
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