Pensioner sues over dismissal
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A PENSIONER'S claim for unfair dismissal could herald a wave of litigation, forcing the Government to abolish the statutory age for retirement, lawyers said yesterday. John Rutherford, 67, has won the right to go to an employment tribunal despite current legislation banning people over 65 from claiming unfair dismissal or redundancy pay.
At a preliminary hearing, the tribunal, in Stratford, east London, ruled that the ban was sexually discriminatory and in breach of EU law. Lawyers for Mr Rutherford, who was made redundant from his job as a pattern cutter, said the fact that more men than women were in work after 65 gave rise to indirect discrimination.
The case of Mr Rutherford, of Rainham, Essex, who lost his job at Harvest Town Circle, a womenswear manufacturer, follows that of a 69-year-old man who brought a claim for unfair dismissal last year.
Although the tribunal found in his favour he died before the case reached the Employment Appeal Tribunal. His estate is continuing with the action, which has been postponed until a European case, dealing with similar issues, reaches a judgment.
If the cases are upheld,British law could follow that in the United States, where there is no statutory retirement age or laws to bar older people from bringing claims of unfair dismissal.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments