Age discrimination

Case 6: The facts

John Rutherford and Samuel Bentley were both made redundant. They were both over state pension age and therefore had no unfair dismissal and redundancy rights. They claimed they were being discriminated against on the grounds of sex because statistically more men worked beyond 65. A tribunal awarded in their favour and the secretary of state for trade and industry (who would have been responsible for paying their compensation because their employers were bankrupt) lodged an appeal.

The ruling

The EAT ruled in favour of the secretary of state. It said that a case of indirect discrimination had not been made out based on the statistics presented. It then held that even if that were not so the claim would have failed because the government had produced reasons to show why the exclusion was justified. The reasons included the need to create situations where older workers could make way for younger workers while preserving their "dignity" by not being dismissed on the grounds of capability. The decision could be appealed to the Court of Appeal.

* Secretary of state for trade and industry v Rutherford and Bentley EAT/1029/02