Standard Life Bank Limited v Wilson UKEATS/0017/07/MT

The Employment Appeal Tribunal held that the original tribunal had erred in allowing the claimant, Mr Wilson, to amend his tribunal application form to add a claim of post-employment age discrimination in respect of the cessation of employer pension contributions when he was aged 60 in 2001.

The Employment Appeal Tribunal upheld the employer’s appeal, since the allegedly discriminatory act complained of (the failure of the employer to continue to pay pension contributions after Mr Wilson’s 60th birthday) occurred while the complainant was actually employed and prior to the coming into force of the relevant part of the Employment Equality (Age) Regulations 2006.

This case demonstrates that the Employment Equality (Age) Regulations 2006 do not have retrospective effect and this will provide some comfort for employers.

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