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EMPLOYMENT E-MISSIVE No.6

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by Charlie Price, barrister

Pendragon Chambers

Tel: 01792 411188

1)Over 65s Unfair Dismissal Blow

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DTI v Rutherford, Bentley and Harvest Town Circle Ltd (in liquidation)

http://www.employmentappeals.gov.uk

The DTI has won the case of DTI v Rutherford, Bentley and Harvest Town
Circle Ltd in the EAT (2nd October 2003. Two men in their 70's, claimed that
the statutory 65 upper age limit for unfair claims was sex discriminatory
and should have been disregarded as being incompatible with EC law. The
government won on both (i) "disparate impact" (statistical evidence) and
(ii) "justification" (policy considerations).

The two men were unfortunate in their timing as age discrimination in the
workplace is to be made unlawful under new laws expected to come into effect
in October 2006.

2) Disabled Man Who 'Recovered' Discriminated Against

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I recently represented an Disabled Applicant against a large corporation.
After being overworked the Applicant suffered from clinical depresssion. The
Respondent Company reacted properly by ensuring that the man was
rehabilitated by the company welfare services. After a few months the
Applicant was ready to resume his position as a manager.

The Applicant's line manager knew of the past health problems but after
being privately concerned about the Apllican'ts performance shifted him
without consultation with medical advice or welfare services and against the
Applicant's wishes into a less demanding role. The employment tribunal in
Bristol came to the decision that adjustments should have been made under S6
DDA 1995.

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