EAT AGE DISCRIMINATION
UNFAIR DISMISSAL: Compensation
It was conceded that the claimant had been automatically unfairly dismissed for failure to comply with the statutory dismissal procedures. The Tribunal also found that he had been subject to age discrimination.
The employers raised various grounds of appeal. The EAT held that those directed towards the Tribunal’s assessment of remedy disclosed no error of law, save that no allowance had been given for pay in lieu made by the employer and credit had to be given for that. However the EAT held that the Tribunal had erred in its approach to age discrimination. In the circumstances, the only proper inference was that there was no evidence of such discrimination.
The appeal therefore succeeded in part.
Citations:
[2008] UKEAT 0234 – 08 – 2210
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 19 July 2022; Ref: scu.277302