Secretary of State for Trade and Industry v Rutherford (No 2)

Subject Matter

DISCRIMINATION — Sex — Employment — Employee over 65 at time of dismissal — Application for redundancy payment and complaint of unfair dismissal precluded by domestic legislation — Whether legislation discriminating against men — Whether objectively justified — Employment Rights Act 1996, ss 109(1)(b), 156(1)(b) — EC Treaty, art 141 — Council Directive 97/80/EC, art 2

[2005] ICR 119, EAT

[2004] EWCA Civ 1186; [2005] ICR 119, CA

DISCRIMINATION — Sex — Employment — Requirement or condition — Employee aged over 65 at time of dismissal — Application for redundancy payment and complaint of unfair dismissal precluded by domestic legislation — Whether legislation discriminating against men — Employment Rights Act 1996, ss 109(1)(b), 156(1)(b) — EC Treaty, art 141EC

[2006] UKHL 19; [2006] ICR 785; [2006] 4 All ER 577, HL(E)

Appellate History