The company had entered into collective agreements with the union governing criteria and procedures for redundancy selection. The company said that the criteria were not compliant with the age discrimination regulations.
Held: The union was correct and the agreement was compliant.
Judges:
Morison J
Citations:
[2008] EWHC 2420 (QB)
Links:
Statutes:
Employment Equality (Age) Regulations 2006 3(1), Directive 2000/78/EC 2(2)
Jurisdiction:
England and Wales
Citing:
Cited – Bilka-Kaufhaus v Webers Von Hartz ECJ 13-May-1986
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of . .
Cited – MacCulloch v Imperial Chemical Industries Plc EAT 22-Jul-2008
EAT AGE DISCRIMINATION
UNFAIR DISMISSAL: Compensation
The claimant contended that she suffered both direct and indirect discrimination on grounds of age because of the way in which the employer’s . .
Cited – Rainey v Greater Glasgow Health Board HL 27-Nov-1986
The House considered the scope of the ‘genuine material factor’ defence in section 1(3) of the Act where prima facie indirect discrimination exists and objective justification needs to be established.
Held: The House adopted the approach of . .
Cited – Hardys and Hansons Plc v Lax CA 7-Jul-2005
The issue of justification of discrimination is rarely a simple matter. No margin of appreciation was to be allowed to an employer. It is for the tribunal to make its own judgment as to whether the practice complained of by the employee was . .
Cited – Loxley v BAE Systems Land Systems (Munitions and Ordnance) Ltd EAT 29-Jul-2008
EAT AGE DISCRIMINATION
The claimant was excluded by the terms of a voluntary redundancy scheme because he had reached the age of 60. There were tapering provisions in place between the ages of 57-60. When . .
Cited – Cadman v Health and Safety Executive, intervener: Equal Opportunities Commission ECJ 3-Oct-2006
Social Policy – The court considered what went to make up age discrimination: ‘the Court acknowledged that rewarding, in particular, experience acquired which enables the worker to perform his duties better constitutes a legitimate objective of pay . .
Cited by:
Appeal From – Rolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 21 October 2022; Ref: scu.277125