Source: All England Reporter
Publisher Citation: [2012] All ER (D) 155 (Oct)
Neutral Citation: [2012] EWCA Civ 330
Court: Court of Appeal, Civil Division

Arden, Rimer LJJ and Ryder J

Representation Paul Gilroy QC and Deshpal Panesar (instructed by DLA Piper UK LLP) for the employee.
  Andrew Short QC and Keira Gore (instructed by Capsticks Solicitors LLP) for the trust.
Judgment Dates: 22 March 2012


Employment - Age discrimination - Dismissal - Direct discrimination - Claimant employee being chief executive of defendant primary care trust - Employee's role disappearing as part of larger NHS reorganisation - Employee being unsuccessful in applying for alternative role - Employee being placed formally placed at risk of redundancy - Trust giving employee notice of dismissal before employee's 49th birthday to avoid incurring added pension expenses becoming due to employee when employee turning age 50 in trust's employment - Employee bringing proceedings for direct discrimination on grounds of age - Employment tribunal dismissing claim - Employment Appeal Tribunal (EAT) dismissing appeal - Employee appealing - Whether EAT erring - Employment Equality (Age) Regulations 2006, - Council Directive (EC) 2000/78, art 6.

The Case

Employment Age discrimination. The Court of Appeal, Civil Division, in dismissing the employee's appeal against the Employment Appeal Tribunal's (the EAT) decision that his dismissal by a Primary Care Trust had not been direct discrimination on grounds of his age because the dismissal was justified as a proportionate means of achieving a legitimate aim, held that there had been no defect in the EAT's decision.

Practice Areas

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