Treasury loses application for review into age discrimination tribunal

Boot and Perkins were awarded £34,000

Treasury has lost its application for a review into a tribunal that found it had discriminated against two former MHKs because of their age.

Geoffrey Boot and Martyn Perkins, who both lost their seats in the 2021 House of Keys election, were awarded almost £34,000 each after being told they weren't eligible for a resettlement payment because they're over 60.

The sum, representative of six month's salary for a Member of the House of Keys, is available to members who aren't re-elected, but previously those who were over the age of 60 didn't qualify.

Treasury applied for the review after claiming the decision was wrongly made as a result of an administrative error, and that the decision was made based on a mistaken application of law.

Anna Heeley of the Attorney General's Chambers, who represented the Treasury at the tribunal, argued that the wrong amount was awarded to the duo because the basic salary for an MHK has increased since they served in the House of Keys.

However, tribunal chairman Douglas Stewart said the grounds provided by Ms Heeley had "little or no merit", and were insufficient to justify the expense of holding a review hearing.

The tribunal says it's calculations were based on evidence submitted at the hearing, which wasn't challenged in cross-examination or during the closing submissions by Ms Heeley.

The rules for the payment scheme have since been changed by Tynwald, removing the age restriction.