14 November 2007
Experts have warned that following a ruling by the Employment
Tribunals (EAT) for England and Wales, employees of any age can now
make age discrimination claims against employers that they feel
have forced them to retire even if the employer has followed
current UK law.
In the recent case of 'Johns v Solent', the tribunal ruled that
all retirement-related claims can be put on hold until a case
brought by Age Concern's campaigning arm HeyDay is heard in the
European Court. The case is due to be heard within the next 18
months.
Eversheds, the employment lawyers said that, prior to this
tribunal ruling, employers only had to comply with national law and
not European directives so, providing the correct procedures were
followed, claims of such discrimination against private sector
employers would be dismissed.
The 'Solent' case is now being taken to the Court of Appeal.
