Forum Brief: Age discrimination ruling

Groups representing older people have condemned a ruling that blocks employment rights for pensioners.

Two pensioners had successfully challenged laws that prevented workers over 65 claiming unfair dismissal or redundancy.

But following an appeal from the Department of Trade and Industry, the Employment Appeal Tribunal overturned that ruling.

A spokesman for the DTI said: "The Rutherford and Bentley case is not about age discrimination. It is about sex discrimination.

"Mr Rutherford and Mr Bentley claimed that the upper age limits on unfair dismissal claims and statutory redundancy payments discriminated against men at the time of their dismissal. An employment tribunal found in their favour, but the Employment Appeal Tribunal has upheld the secretary of state's appeal.

"The fact that we appealed did not mean that the government believes the upper age limits should be retained. It means we believed that Rutherford and Bentley's case was flawed.

"We are consulting on age discrimination. One of our proposals is that employees who believe they have been unfairly dismissed should be able to seek redress at any age, but that retirement at a justifiable age should be a fair reason for dismissal. We are also consulting on age-related aspects of the redundancy payments scheme.

"Final decisions will only be made in the light of responses to consultation. It would be wrong to jump the gun and change the law now, without waiting for responses. That is not what consultation is about.

"The vast majority of workplace employment rights already apply regardless of age, and always have."

Forum Response: Help the Aged

Patrick Grattan, chief executive of the Third Age Employment Network, part of Help the Aged, said: "The government is facing in all directions at once.

"On one hand, the minister for work and pensions, Andrew Smith, is promoting working to 65 and beyond to solve the pensions crisis.

"On the other, the Department for Trade and Industry is saying that if you do work then you shouldn't have any employment rights, no protection against unfair dismissal or rights to redundancy payment.

"This is utterly perverse and a disincentive to work, given that by 2006 there will be legislation on age discrimination which will make it illegal to determine employment rights on the basis of age."

Forum Response: Age Concern

Gordon Lishhman, director general of Age Concern, said: "Age Concern is indignant at this betrayal of all workers over 65. People over 65 should have exactly the same workplace rights and protection as everyone else.

"New laws will be introduced in 2006 to stop age discrimination in the workplace, and we see no sense in waiting until then. We urge the government to amend the Employment Relations Act so that employees have full rights at work, whatever their age.

"The government is sending contradictory messages to older people in work. The outcome of the appeal means that age discrimination remains acceptable in the workplace."

Forum Response: ssociation of Retired and Persons Over 50

Don Steele, director of ARP/O50 told ePolitix.com: "The ruling upholding the Department of Trade and Industry's appeal against an employment tribunal ruling in August 2002 that two (male) workers over the age of 65 should be entitled to claim unfair dismissal and redundancy payments is yet another blow to seniors in employment after pension age.

"Unlike all other members of the workforce, workers over 65 will be denied any statutory redundancy payments or protection from unfair dismissal and, although in the pipeline, age discrimination legislation that mightaddress such an issue is still three years away.

"This important case signally fails to uphold the principle of equality for people over the age of 65 in the workplace. With government encouraging more seniors to remain in work to ease the pensions (and skills) crises, it is unfortunate that this decision could alienate a significant section of the post-pension workforce by leaving them isolated and uniquely unprotected."