The claimant appealed against rejection of his claim of age discrimination. the claimant complained that the trust had deliberately failed to comply with a requirement to consult before declaring him to be redundant, so that his employment would cease before he reached the age which would trigger a higher severance payment. The tribunal and EAT had found the action a proportionate means of achieving a legitimate aim.
Held: The dismissal notice was not served with the simple aim of dismissing him before his 49th birthday but in order to give effect to a genuine decision that his position was redundant. It was justifiable to implement that decision in a way which saved money.
Judges:
Arden, Rimer LJJ, Ryder J
Citations:
[2012] ICR 1126, [2012] EWCA Civ 330
Links:
Statutes:
Employment Equality (Age) Regulations 2006
Jurisdiction:
England and Wales
Citing:
Appeal from – Woodcock v Cumbria Primary Care Trust EAT 12-Nov-2010
EAT AGE DISCRIMINATION
UNFAIR DISMISSAL – 2002 Act
Claimant’s post as Chief Executive of NHS Primary Care Trust disappears in reorganisation – Not selected for successor post – After twelve months . .
Cited by:
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 06 October 2022; Ref: scu.452251