In an important judgment, the Employment Appeal Tribunal has confirmed that the Equality Act (Age Exceptions for Pension Schemes) Order 2010 gives effect to or enforces section 61(8) of the Equality Act 2010. Accordingly, the Employment Appeal Tribunal held that the European Union (Withdrawal) Act 2018 prevented the ET from disapplying the Order in reliance on general principles of EU Law.
Claire Darwin appeared for the successful Appellant, the Secretary of State for Work and Pensions.