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Redundancy Cases

Galt & others v National Starch & Chemical Limited

07 November 2008

Subject Redundancy

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

07 November 2008

Subjects Redundancy; Justification; Pay and benefits

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

Source (Lewis Silkin LLP)

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

MacCulloch v Imperial Chemical Industries plc

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