Employment law 2013 review: age discrimination
This year the Court of Appeal confirmed in Lockwood v Department for Work & Pensions that differences in severance payments on voluntary redundancy between older and younger workers could be objectively justified and was not unlawful age discrimination.
The enhanced payment to older workers was found to be a legitimate way of providing a financial cushion for older workers and recognised the problems that they would experience when they lost their jobs. This is potentially good news for older workers, and for employers who seek to provide age-related voluntary redundancy packages.
However, as with all age cases, each case is likely to be fact specific and require evidence that the means chosen by the employer to achieve its aims were proportionate in the particular circumstances…
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