Copeland v E Coomes (Holdings) Ltd (Age Discrimination (no sub-topic)) [2013] UKEAT 0606_12_1306 (13 June 2013)

Copeland v E Coomes (Holdings) Ltd (Age Discrimination (no sub-topic)) [2013] UKEAT 0606_12_1306 (13 June 2013)

The Employment Tribunal erred in applying Regulation 30 of the 2006 Regulations after its repeal and in interpreting notification requirements under Regulation 5 of the 2011 Regulations inconsistently with Bailey v R and R Plant (Peterborough) Ltd. The saving provisions do not apply as valid notification was not given, so the Respondent cannot rely on the exemption from age discrimination. The finding of automatic unfair dismissal is set aside as the relevant provision was repealed and the saving provision does not apply.

Citation
[2013] UKEAT 0606_12_1306
Parties
Claimant: Mrs Copeland; Respondent: E Coomes (Holdings) Limited
Jurisdiction
United Kingdom
Judgment Date
13 June 2013
Procedural Posture
Employment Appeal / Appeal and Cross Appeal
Outcome
Appeal and cross appeal allowed; Employment Tribunal decision set aside; case remitted.
Legal Topics
Age Discrimination, Unfair Dismissal, Retirement, Transitional Provisions
Employment Law Equality Law Age Discrimination Unfair Dismissal Retirement Transitional Provisions

Case Brief

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Parties

Mrs Copeland

Claimant

E Coomes (Holdings) Limited

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the age discrimination claim by applying Regulation 30 of the Employment Equality (Age) Regulations 2006 after its repeal
  2. 2 Whether the Employment Tribunal erred in interpreting the notification requirements under Regulation 5 of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011
  3. 3 Whether the finding of automatic unfair dismissal under ERA s.98ZG was correct given the repeal and transitional provisions

Ratio Decidendi

The Employment Tribunal erred in applying Regulation 30 of the 2006 Regulations after its repeal and in interpreting notification requirements under Regulation 5 of the 2011 Regulations inconsistently with Bailey v R and R Plant (Peterborough) Ltd. The saving provisions do not apply as valid notification was not given, so the Respondent cannot rely on the exemption from age discrimination. The finding of automatic unfair dismissal is set aside as the relevant provision was repealed and the saving provision does not apply.

Court Disposition

Appeal and cross appeal allowed; Employment Tribunal decision set aside; case remitted.

Orders

  • Claims for age discrimination and unfair dismissal remitted to a differently constituted Employment Tribunal for determination under Equality Act s.13 and Employment Rights Act s.98