UNISON celebrates victory in landmark age equality case

A hospital worker has been reinstated after successfully challenging her dismissal on age discrimination grounds.

The day before the Employment Equality (Age) Regulations 2006 came into force last October, 66-year-old Ann Southcott was sacked from her clerical post at Treliske Hospital, Truro.

Southcott - who was backed by public services union UNISON in what it believes to be the first case of age discrimination brought to an employment tribunal - said the trust had publicly announced it was dismissing staff to avoid being covered by the regulations.

Although the regulations had not yet come into force, as an employee of a public authority - which is an "emanation of the state" to which European law directly applies - Southcott was able to claim under the European Employment Directive.

The UK government had been given extra time to implement the directive, which outlawed age discrimination in principle in 2000. But Mark Gray of Thompsons solicitors, who represented Southcott on UNISON's behalf, explained that European Union member states that have been given more time to implement a directive cannot do anything in the meantime that is contrary to the directive's general principles.

As Southcott's employer was an emanation of the state, the government itself was responsible for the discriminatory treatment.

Following a preliminary tribunal hearing, the trust agreed to reinstate her - along with 35 colleagues who had been similarly treated - with full back pay.