SIX WOMEN TODAY (WEDS) CHALLENGED THEIR COMPULSORY
SIX WOMEN TODAY (WEDS) CHALLENGED THEIR COMPULSORY RETIREMENT
AT 60 BY BRITISH GAS IN A TEST CASE WHICH HAS WIDESPREAD IMPLICATIONS
FOR WORKERS IN NATIONALISED INDUSTRIES.
THE WOMEN FROM ALL OVER THE COUNTRY ARE AMONG MANY MORE WHO
HAVE LOST THEIR JOBS SINCE A EUROPEAN COURT RULING SUPPORTING THEIR
RIGHT TO RETIRE AT THE SAME AGE AS MEN.
MOST OF THE WOMEN ARE SEEKING REINSTATEMENT AND THEIR UNION
NALGO IS FIGHTING THEIR CASE AT THE CHELSEA, LONDON, INDUSTRIAL
TRIBUNAL.
THE EUROPEAN COURT UPHELD THE PRINCIPLE OF EQUAL RETIREMENT
AGES EARLIER THIS YEAR IN THE MARSHALL JUDGEMENT AFTER A HEALTH
AUTHORITY EMPLOYEE CLAIMED PROTECTION UNDER THE EEC’S 1976 EQUAL
TREATMENT DIRECTIVE.
THE CHELSEA HEARING IS SEEN BY LEADING LABOUR LAW LAWYERS AS
A SEX DISCRIMINATION TEST CASE WITH IMPLICATIONS FOR ALL THE
NATIONALISED INDUSTRIES.
MR JAMES GOUDIE, QC, FOR THE WOMEN, TOLD THE TRIBUNAL: ‘EACH
OF THE WOMEN APPLICANTS WAS RETIRED BY THE CORPORATION HAVING PASSED
THE AGE OF 60 IN ACCORDANCE WITH THEIR POLICY OF MAKING WOMEN
RETIRE GENERALLY AT 60 AND MEN AT 65.
‘
THE CASE HINGES ON WHETHER OR NOT BRITISH GAS WAS A PUBLIC
AUTHORITY AND THEREFORE BOUND BY THE EUROPEAN COURT RULING.
MF
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‘THE FACTS ARE WITHIN AN EXTREMELY SMALL COMPASS AND ARE NOT
CONTROVERSIAL.
IT IS THAT THEY SHOULD BE WHAT THEY ARE WHICH IS
CONTROVERSIAL,’ SAID MR GOUDIE.
‘WE SUBMIT THAT THE ARTICLES OF THE EQUAL TREATMENT DIRECTIVE
APPLY TO PUBLIC AUTHORITIES AND THAT AT THE RELEVANT TIME THE BRITISH
GAS CORPORATION WAS SUCH A PUBLIC AUTHORITY.
‘
NO EVIDENCE WILL BE HEARD FROM THE WOMEN, AND BOTH MR GOUDIE
AND MR MICHAEL BELOFF, QC, FOR BRITISH GAS PLC, SAID THEY RESERVED
THE RIGHT TO RAISE PERIPHERAL POINTS OF LAW AT ANY LATER HEARING.
THE WOMEN, WHO ARE NOT EXPECTED TO ATTEND THE HEARING, ARE
MRS AUDREY FOSTER, OF 4, CATER CLOSE, NEW ADDINGTON, SURREY, MRS JEAN
MORGAN, OF 44 ALTON ROAD, OXTON, BIRKENHEAD, MRS MARY ROBY, OF 22
BEECH GARDENS, RAINFORD, ST HELENS, MRS EILEEN SALLOWAY, OF 20 BELLE
AVENUE, READING, BERKSHIRE, MRS GERTRUDE FULFORD-BROWN, OF 102,
MARSTON WAY, UPPER NORWOOD AND MRS P.
SULLIVAN, OF 23 AVON GARDENS,
CARDIFF.
SINCE THEY LOST THEIR JOBS, BRITISH GAS HAS ALTERED ITS
RETIREMENT RULES TO BRING MEN AND WOMEN INTO LINE WITH BOTH RETIRING
AT 65, BUT THE NEW POLICY HAS NOT BEEN INTRODUCED RETROACTIVELY.
THE CASE, WHICH IS EXPECTED TO LAST THREE DAYS, CONTINUES
TOMORROW THURS.
ENDS
















