Age Discrimination Victory
by Sarah
The BBC reported yesterday the case of a clerical worker Ann Southcott who was dismissed from Royal Cornwall Hospital in Turo in 2006 on 30th September 2006. This was one day before the Age Discrmination Regulations came into force and she was, yes you guessed it, 66 years old. The Trust settled out of Court so we have no judgment to refer back to but she was allowed to return to work and was awarded back pay from October. You can read more about it here. The Age Discrimination Regulations are not retrospective so the answer in the victory probably lies in s97(2) of the Employment Rights Act 1996, which allows employees to add on their statutory notice to ascertain their effective date of termination. This would mean the effective date of termination was after the Age Discrimination Regulations came into force.
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