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Contracts of employment: Age discrimination provision did not apply after contractual retirement age

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    Secretary of State for Scotland v Taylor [1997] IRLR 608 EAT (0 other reports)

An employer did not act in fundamental breach of an employee's contract of employment when it required him to retire at the age of 55, in accordance with its retirement policy aimed at achieving a younger workforce, even though the contract incorporated an equal opportunities policy containing an express commitment to offer equal opportunities regardless of age, rules the EAT in Secretary of State for Scotland v Taylor [1997] IRLR 608. The EAT holds that it would not have been the intention of the parties that the age discrimination provision would apply after an employee reached the contractual retirement age.

Mr Taylor was employed by the Scottish Prison Service.