Melrose v Reigate Housing Society For The Elderly [1996] UKEAT 181_96_2810 (28 October 1996)

Melrose v Reigate Housing Society For The Elderly [1996] UKEAT 181_96_2810 (28 October 1996)

The Tribunal's findings on non-discrimination and retirement age were challenged due to evidence suggesting a gender-based difference in retirement policy; the Appeal Tribunal determined this evidence should be reviewed at a full hearing.

Citation
[1996] UKEAT 181_96_2810
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
28 October 1996
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal
Outcome
Leave granted for full hearing
Legal Topics
Retirement Age, Sex Discrimination, Employment Contract Interpretation
Employment Law Equality Law Retirement Age Sex Discrimination Employment Contract Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the appellant was disqualified from claiming due to reaching normal retirement age under Section 64(1)(b) of the Employment Protection (Consolidation) Act
  2. 2 Whether there was sex discrimination in retirement age contrary to Section 6(2)(b) of the Sex Discrimination Act 1975

Ratio Decidendi

The Tribunal's findings on non-discrimination and retirement age were challenged due to evidence suggesting a gender-based difference in retirement policy; the Appeal Tribunal determined this evidence should be reviewed at a full hearing.

Court Disposition

Leave granted for full hearing

Orders

  • Matter to proceed to full hearing
  • Relevant parts of Chairman's notes to be abstracted for review