Tribunal upholds unfair dismissal claim for over-65s

Over-65s may soon be able to sue employers for unfair dismissal and redundancy pay after a recent employment tribunal decision, specialist lawyers warned this week.

The 1996 Employment Act places an upper age limit, 65, on an employee's rights to claim unfair dismissal and redundancy pay.

This was challenged in a tribunal by 67-year-old John Rutherford, who claimed that the upper age limit discriminated indirectly against men, as more men than women were employed beyond the age of 65.

The tribunal's decision - upheld by an appeal this week - was that the age limit was discriminatory and unlawful under the equal pay legislation.

Jane Mann, head of employment at London-based law firm Fox Williams and immediate past chairwoman of the Employment Lawyers Association, said there 'could well be' an avalanche of claims.

Victoria MacCallum