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84-year old loses age discrimination claim
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06 July 2007

An 84-year old cleaner who was sacked for being too old has lost his unfair dismissal claim, which could have implications for thousands of elderly workers.

Bernard Lloyd-Briden, who worked at Worthing College, was sacked because the college's insurance company would not cover someone so old.

 

An employment tribunal dismissed his unfair dismissal claim on the basis that he was over 65 and was not entitled to bring the claim. A High Court judge upheld the decision, even though the legal provisions under which his claim was struck out have since been repealed.

 

The college had successfully argued that the provisions of the Employment Rights Act - which stipulate that workers have a right not to be unfairly dismissed - did not apply to Mr Lloyd-Briden because he was over 65. Mr Lloyd-Briden appealed on the grounds of age discrimination.

 

Mr Justice Wilkie ruled that the provisions relating to the rights of over 65s have now been repealed in line with an EU directive, but said that did not happen until after Mr Lloyd-Briden's claim had been struck out.

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