Source: All England Reporter
Publisher Citation: [2013] All ER (D) 76 (Apr)
Court: Employment Appeal Tribunal
Judge:

Recorder Luba QC, Mr B Beynon and Mr S Yeboah

Representation John Crosfill (instructed by Lawdata Ltd) for the employer.
  Paul Archer (Solicitor) Lemon & Co for the employee.
  Christopher Milsom (instructed by Equality & Human Rights Commission) for the intervener.
Judgment Dates: 5 March 2013

Catchwords

Employment - Unfair dismissal - Victimisation - Employee dismissed one year after turning 65 - Employment tribunal (tribunal) finding dismissal unfair - Employer appealing submitting tribunal failing to make Polkey deduction - Whether tribunal erring - Employment Equality (Age) Regulations 2006 - .

The Case

Employment Unfair dismissal. The Employment Appeal Tribunal (the EAT) allowed the appeal of the employer against the failure of the employment tribunal (the tribunal) to make any deduction in the compensation awarded to reflect the likelihood of the employee, who had been dismissed one year after he had turned 65, being fairly dismissed had the correct procedures been followed. The employee cross-appealed from the rejection of the victimisation claim and the Equality and Human Rights Commission intervened in support of the crossappeal. The EAT held that the judgment of the tribunal in rejecting the employee's post-employment victimisation case would be upheld and his appeal (actually pursued by way of a cross-appeal) on that point would be dismissed.

Practice Areas

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