Awaiting European decision

Johns v Solent SD Ltd CA TLR 27 June

The Court of Appeal upheld the decision of the Employment Appeal Tribunal in staying a claim by Anna Johns for age discrimination, related to her compulsory retirement at 65 to await the outcome in the European Court of R (National Council for Ageing) v Secretary of State for Trade and Industry , known as the Heyday case. There was no dispute that Mrs Johns’ claim would fail if decided on current English law. The tribunal had concluded that Heyday did have reasonable prospects of success and that, in the circumstances, the only sensible answer was to stay the hearing of the claimant’s case, so that it would not be snuffed out before the European Court decision became known.