LATEST AGE DISCRIMINATION CASES — age discrimination
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Redundancy
Previous “sham” redundancy involving an older employee was not evidence of age discrimination.
Comment
An Employment Tribunal has said that “last in first out” is not an irrational method of redundancy selection.
Comment
The dismissal of a hairdresser for redundancy was not age discrimination, despite the fact that two younger members who were also made redundant had carried on working in the salon in a different capacity.
Comment
An Employment Tribunal found that a 54-year-old employee did not suffer age discrimination despite being made redundant 12 weeks before being able to access his pension.
Comment
A company’s decision to make its oldest UK engineer redundant was not motivated by age.
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An age discrimination claim was struck out because there was a lack of evidence to demonstrate any reasonable prospect of success.
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A Tribunal accepted that comments made by a General Manager that “old workers like old football players need to leave so that it could bring in new blood otherwise the team would not be efficient” were age discrimination.
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University criteria that restricted appointment to a post was justified indirect age discrimination.
Did additional “pension strain cost” influence a decision not to make someone redundant?
This case involved a director denied the opportunity to apply for voluntary redundancy.
An enhanced redundancy scheme that tapered down to zero at age 65 was not justified.
An employee was dismissed 11 days before she was due to receive a pension.
It wasn’t age discrimination for RBS to decline to offer a redundant employee a chance to change her mind about voluntary redundancy or redeployment.
The EAT overturned a ruling that an employee suffered age discrimination when a younger, less qualified person was appointed to a position in a redundancy situation.
Comments that an employee was to be replaced by a “young, fit blonde” were age discrimination.
Comment
What is the correct approach to take when identifying comparators in an age discrimination claim? The Court of Appeal has decided.
Comment
Mr Shiret, a 55 year old banker, was made redundant but his 35 year old colleague kept his job. Was this age discrimination?
An appeal over a “shambolic” redundancy selection process fails. A terrible process does not mean that it is age discrimination.
This case looks at differences in severance payments on voluntary redundancy in the Civil Service between younger and older leavers.
A provision which reduced compensation for workers aged over 54 by taking into account the earliest date from which they could receive a state pension, was not unlawful age discrimination.