Automated Summary
Key Facts
Anthony Lloyd, a branch secretary for Shipping in Manchester and member of the National Union of Rail, Maritime and Transport Workers (RMT), was rejected from standing for election to RMT's National Executive Committee (NEC) in 2017 under Rule 13 Clause 15 of RMT's Rules, which required candidates to complete the full three-year term before reaching age 65. The Claimant argued this constituted direct age discrimination under sections 13 and 19 of the Equality Act 2010. The Employment Tribunal (ET) ruled in favor of the Claimant, finding that RMT's stated aims to justify the rule - intergenerational fairness, efficient planning, and consistency with the union's policy on retirement age - were not legitimate aims under the Equality Act 2010. The Employment Appeal Tribunal (EAT) dismissed RMT's appeal, upholding the ET's findings.
Issues
- The tribunal rejected the union's aim of intergenerational fairness, finding the rule did not effectively open opportunities for younger members as NEC membership was predominantly middle-aged (41-60 years), thus failing to achieve its stated purpose.
- The tribunal found the efficient planning aim invalid, noting the rule's application would not significantly increase by-election costs compared to paid officials' rules, and the comparison highlighted inconsistency in the union's justification.
- The tribunal concluded that aligning with the union's policy to lower retirement ages, which conflicted with government policy, could not be a legitimate aim as it must conform to state social policy objectives under Seldon v Clarkson Wright & Jakes.
Holdings
The Employment Appeal Tribunal (EAT) dismissed the Respondent's appeal regarding age discrimination in a trade union's rule that prevented a member from standing for election to the National Executive Committee if he would reach age 65 before the end of the three-year term. The EAT held that the Employment Tribunal (ET) was correct in rejecting all three alleged legitimate aims of the rule (intergenerational fairness, efficient planning, and consistency with the union's policy on reducing retirement age) as justifications for the age-based discrimination. The EAT specifically found no circularity in the ET's rejection of the consistency aim, noting that a policy contrary to government retirement age policy could not constitute a legitimate aim under the Equality Act 2010. The EAT also accepted that the ET's alternative consideration of proportionality was too cursory, but this became academic after dismissing the appeal on the legitimate aims issue.
Legal Principles
The case examines the legal framework for justifying direct age discrimination under section 13(2) of the Equality Act 2010, applying the principles established in Seldon v Clarkson Wright and Jakes [2012] UKSC 16. The Employment Tribunal and Employment Appeal Tribunal analyzed whether the trade union's age-related rule for election to its National Executive Committee was justified by legitimate aims (intergenerational fairness, efficient planning, consistency with policy) and whether the means were proportionate. The Tribunal concluded that none of the aims were legitimate, particularly finding that the rule failed to achieve intergenerational fairness and that the aim of efficient planning was not legitimate in the circumstances.
Precedent Name
Seldon v Clarkson Wright and Jakes
Cited Statute
- Equality Act 2010 Section 19 on indirect discrimination
- Equality Act 2010 Section 57(2)(d) on detriment
- Equality Act 2010 Section 13 on direct discrimination
Judge Name
Mr Justice Soole
Passage Text
- The tribunal concluded the Rule is not justified by legitimate aims, and even if it were, the discrimination would not be proportionate.
- The tribunal rejected the efficient planning aim, noting the Rule would not cause more by-elections than for paid officials and Branch by-elections would be cheaper than whole membership elections.
- The tribunal noted the Rule does not facilitate younger members' representation, as 13% of membership below 31 provide no NEC members while 87.5% of NEC is drawn from 41-60 age group.