Birchall v Secretary Of State For Education & Anor [1995] UKEAT 605_95_1506 (15 June 1995)

Birchall v Secretary Of State For Education & Anor [1995] UKEAT 605_95_1506 (15 June 1995)

Mr Birchall was employed solely by the Secretary of State, not the Board; the normal retiring age was 60 as established by employer policy; there was no unfair dismissal, no unlawful discrimination under the Race Relations Act 1976, and no breach of Article 48 of the Treaty of Rome as there was no discrimination based on nationality or impediment to free movement.

Citation
[1995] UKEAT 605_95_1506
Parties
Appellant: Mr Birchall; 1st Respondent: Secretary of State for Education; 2nd Respondent: Board of Governors of the European School
Jurisdiction
United Kingdom
Judgment Date
15 June 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Employer Status, Retirement Age, Unfair Dismissal, Race Discrimination, Freedom of Movement for Workers, Interpretation of International Treaties
Employment Law European Union Law Discrimination Law Employer Status Retirement Age Unfair Dismissal Race Discrimination Freedom of Movement for Workers +1 more

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Parties

Mr Birchall

Appellant

Secretary of State for Education

1st Respondent

Board of Governors of the European School

2nd Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mr Birchall was employed by both the Secretary of State and the Board or only by the Secretary of State
  2. 2 Whether Mr Birchall was unfairly dismissed
  3. 3 Whether the application of a retirement age of 60 was discriminatory under the Race Relations Act 1976 or contrary to Article 48 of the Treaty of Rome

Ratio Decidendi

Mr Birchall was employed solely by the Secretary of State, not the Board; the normal retiring age was 60 as established by employer policy; there was no unfair dismissal, no unlawful discrimination under the Race Relations Act 1976, and no breach of Article 48 of the Treaty of Rome as there was no discrimination based on nationality or impediment to free movement.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • It is declared that Mr Birchall was employed only by the Secretary of State for Education.
  • Claims against the Board of Governors of the European School are dismissed.