King v The Sash Window Workshop Ltd and another

Employment – Discrimination. The employee was engaged as a commission only salesman by the employer until his termination when he reached the age of 65. The employment tribunal (the tribunal) held that the employee's dismissal had been an act of unlawful age discrimination and it made an award for injury to feelings and holiday pay awards. The Employment Appeal Tribunal, allowing the employers' appeal, held that the tribunal had erred in concluding that the claimant was entitled to claim pay for holiday not taken over a 14-year period as a series of deductions from wages and was remitted. The tribunal had further erred in assessing the proper award for injury to feelings for an unlawfully age discriminatory dismissal.

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