Wooster v London Borough of Tower Hamlets

Employment - Unfair Dismissal - Age Discrimination - Local Authority

Rachel Toney is representing the Claimant Mr Wooster in relation to his seven figure claim for (i.a.) unfair dismissal and age discrimination.

Mr Wooster contended that after 33 years working for the Defendant Council, London Borough of Tower Hamlets, he was dismissed in December 2006 to prevent him from collecting enhanced pensions benefits. Rachel successfully represented Mr Wooster before Employment Tribunal and Employment Appeal Tribunal. In September 2009, the Appeal Tribunal, led by the President of the EAT, refused to overturn the Tribunal's decision on age discrimination in a case said (by the Appellant Council) to be of significant importance to local authorities across the country.

Appearing against Leading and Junior Counsel on behalf of Tower Hamlets, Rachel successfully argued on behalf of Mr Wooster that whilst it would have been unlawful for the Council to have kept Mr Wooster in employment for the sole purpose of obtaining his enhanced pension rights, the Council had discriminated against him by effectively deliberately ignoring its own redundancy and redeployment policy because of Mr Wooster's impending entitlement to early retirement benefits. Mr Wooster is arguing for what is thought to be the largest compensation award in UK age discrimination case history.

Rachel is instructed to represent and appear on behalf of Mr Wooster before the Court of Appeal.

This case may prove to be the first Court of Appeal authority in this new and developing area of law.