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Redundancy Cases

Gay v Sophos Plc (EAT decision)

16 September 2011

Subjects Redundancy; Burden of proof; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

An employee who was unfairly dismissed, had not been subjected to age discrimination.

Walsh v Tewkesbury Borough Council (ET Decision)

06 September 2011

Subjects Redundancy; Retirement; Pensions; Direct Discrimination

Source (Lewis Silkin LLP)

A decision to dismiss a 49 year old three months before his 50th birthday in order to avoid additional pension costs was direct age discrimination.

Mrs I McLean v Forum Law t/a Legal Assistance Direct

20 January 2011

Subjects Redundancy; Indirect Discrimination

Source (Lewis Silkin LLP)

In this case, an ET decides that a legal adviser salary band was not indirectly age discriminatory.

Woodcock v Cumbria Primary Care Trust (EAT decision)

12 November 2010

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

In the latest round of Mr Woodcock's ongoing claim, the EAT has indicated that costs alone should be able to justify age discrimination.

Seldon v Clarkson Wright and Jakes (Court of Appeal decision)

28 July 2010

Subjects Redundancy; Retirement

Source (Lewis Silkin LLP)

The Court of Appeal rules that a partnership of solicitors can force partners to retire at 65.

Kraft Foods v Hastie

06 July 2010

Subjects Redundancy; Retirement

Source (Lewis Silkin LLP)

The EAT has confirmed that applying a cap to payments under a redundancy scheme to ensure that employees close to pension age do not receive a windfall can be justified as a proportionate means of achieving a legitimate aim.

Ormerod v Cummins Engine Company Limited (ET decision)

08 March 2010

Subjects Redundancy; Justification; Burden of proof; Indirect Discrimination

Source (Lewis Silkin LLP)

This ET decision deals with the issue of "windfall" payments to employees.

Beck v CIBC

21 December 2009

Subjects Redundancy; Burden of proof

Source (Lewis Silkin LLP)

A forty two year old banker was discriminated on the grounds of his age after his employer fired him and sought to replace him with someone with a "younger, entrepreneurial" style.

ABN Amro and others v Hogben

26 October 2009

Subjects Redundancy; Pay and benefits; Burden of proof; Indirect Discrimination

Source (Lewis Silkin LLP)

A change from one policy to another policy cannot in itself be a provision, criterion or practice for the purposes of the Age Regulations.

Woodcock v Cumbria Primary Care Trust (Employment Tribunal decision)

12 August 2009

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

A former Chief Executive of an NHS Trust was not discriminated against.

Rolls Royce plc v Unite the Union (Court of Appeal decision)

14 May 2009

Subjects Redundancy; Justification; Indirect Discrimination

Source (Lewis Silkin LLP)

The Court of Appeal has dismissed Rolls Royce's appeal against the High Court's decision that use of length of service as a criterion in redundancy selection is lawful.

MacCulloch v Imperial Chemical Industries plc (remitted Employment Tribunal case)

14 April 2009

Subjects Redundancy; Justification; Indirect Discrimination

Source (Lewis Silkin LLP)

This case was originally heard by an employment tribunal and its decision delivered in December 2007. An appeal against the tribunal’s decision was heard by the Employment Appeal Tribunal in July 2008.

Galt & others v National Starch & Chemical Limited

07 November 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

An employment tribunal rules that an enhanced redundancy scheme which gave greater credit for service over 40 was unlawful as the employer could not identify a legitimate aim for the less favourable treatment of the younger employees.

Rolls Royce plc v Unite the Union (High Court decision)

07 November 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

Lawful use of length of service in redundancy selection criteria.

Court v Dennis Publishing Ltd

02 October 2008

Subjects Redundancy; Burden of proof; Dismissal

Source (Lewis Silkin LLP)

Court v Dennis Publishing Ltd involved a claimant dismissed for being too old.

MacCulloch v Imperial Chemical Industries plc (EAT case)

30 September 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

The EAT rules that ICI can potentially justify both age and service elements in their enhanced redundancy scheme.

Loxley v BAE Systems Land Systems (Munitions & Ordnance) Ltd

30 September 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

An age cut-off for redundancy payments can be justified if pension provision adequately cushions the impact of financial loss