Court of Appeal restores ET decision rejecting age discrimination complaint


Re: Air Products PLC v Michael Cockram [2018] EWCA Civ 346

The claimant Mr Cockram brought various claims including one for age discrimination against his employer Air Products plc in the employment tribunal. He alleged unfair constructive dismissal, detriment by reason of protected disclosures and age discrimination. The unfair dismissal claim was struck out and an appeal to the Employment Appeal Tribunal against the decision to strike it out failed.

Mr Cockram appealed against the tribunal’s rejection of his age discrimination claim to the EAT, which allowed his appeal and remitted the case for re-hearing by a freshly constituted tribunal. With permission from Christopher Clarke LJ Air Products plc appealed to the Court of Appeal, seeking to restore the decision of the tribunal.

The Court allowed the appeal holding that the ET had given a properly reasoned judgment which contained no error of law and “the EAT should not have interfered with it”. It restored the ET’s decision dismissing the complaint of age discrimination.

James Laddie QC was involved in this case.