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This Judgment of the Honourable Mrs Justice Slade DBE gives guidance on the application of section 108 of the Equality Act, 2010 concerning “Relationships which have ended”. The Claimants, who are no longer employees of Ford Motor Company but are members of Ford Motor Company pensions schemes, claim age discrimination as they were not paid some lump sums made to current employees.
The Employment Tribunal was found to have failed to consider whether the Claimants’ claims fell within both sections 108(1)(a) and (b) of the Equality Act. The scope of both provisions are different and both must be satisfied if a claim is to fall within the jurisdiction of an Employment Tribunal. Furthermore, the test under section 108(1)(a) is not that which the Tribunal wrongly applied i.e. whether there was a close nexus and connection between the Claimants relationship as former employees and current pensioners.
The issue of jurisdiction was thus remitted to a newly constituted Tribunal.
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