||All England Reporter
|| All ER (D) 106 (Sep)
||Employment Appeal Tribunal
Lindsay J, Lord Davies of Coity and Mr J Hougham
||19 September 2002
Employment - Equality of treatment of men and women - Equal pay for equal work - Complaint of unfair dismissal - Statutory provision barring complaints by employees over age of 65 - Employees arguing provision having disparate impact on men - Employment tribunal finding statistical difference of impact between men and women not significant - Whether tribunal correct - s 109 - Article 141 EC.
It was clear that the provision of s109 of the barring complaints of unfair dismissal where the effective date of termination was such that the employee was over the age of 65, was not one of an 'obvious' disparate impact of a statutory section on men and women. That being so, and employment tribunal had to undertake an overall analysis of the figures in evidence on the impact of the section before them, before assimilating all the figures to judge whether the apparently neutral provision had a disparate impact on men that could fairly have been described as considerable or substantial. In the instant case, the tribunal had not undertaken that task, and accordingly the matter would be remitted to the tribunal for such analysis to take place.
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