Lloyd-Briden v Worthing College UKEAT/0065/07/RN | Practical Law

Lloyd-Briden v Worthing College UKEAT/0065/07/RN | Practical Law

In Lloyd-Briden v Worthing College the EAT held that the ECJ's decision in Mangold v Helm did not require the UK courts and tribunals to disapply section 109(1)(b) of the Employment Rights Act 1996 (the upper age limit on unfair dismissal claims) in respect of dismissals taking place during the transposition period for the age strand of the Equal Treatment Framework Directive. This decision confirms that it is only where a member state has introduced, following the passing of that Directive, new discriminatory laws, that an employment tribunal should disregard those domestic provisions as being contrary to a "general principle of EU law". Mangold therefore does not apply to laws (such as section 109 of ERA 1996) that were already in existence at the time the Directive was agreed.

Lloyd-Briden v Worthing College UKEAT/0065/07/RN

Practical Law Resource ID 4-370-0959 (Approx. 3 pages)

Lloyd-Briden v Worthing College UKEAT/0065/07/RN

Published on 22 Jun 2007England, Scotland, Wales
In Lloyd-Briden v Worthing College the EAT held that the ECJ's decision in Mangold v Helm did not require the UK courts and tribunals to disapply section 109(1)(b) of the Employment Rights Act 1996 (the upper age limit on unfair dismissal claims) in respect of dismissals taking place during the transposition period for the age strand of the Equal Treatment Framework Directive. This decision confirms that it is only where a member state has introduced, following the passing of that Directive, new discriminatory laws, that an employment tribunal should disregard those domestic provisions as being contrary to a "general principle of EU law". Mangold therefore does not apply to laws (such as section 109 of ERA 1996) that were already in existence at the time the Directive was agreed.