Putting it in proportion — redundancy scheme did not discriminate on age grounds

The claimant, a government administrative officer, took voluntary redundancy at the age of 26. The rules of the Civil Service redundancy scheme had an age banding structure that gave considerably more to those who were older. The claimant, who had almost eight years’ service, was entitled to £10,849.04. Had she been over 35 rather than under 30, she would have been entitled to a further £17,690.58. She brought a claim for direct age discrimination in the tribunal, which she lost.

The tribunal (whose decision was upheld by the Employment Appeal Tribunal) decided that there were ‘material differences’ between the age groups; younger employees had fewer financial and family obligations and could be expected to find other work more easily than older employees. This meant she could not compare herself with an older worker and so the tribunal rejected the claim.

But they went on to say that, in any event, her treatment was objectively justified as a proportionate means of achieving a legitimate aim — to provide a financial cushion until alternative employment (or the receipt of a pension)…

If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Atlantic House
Holborn Viaduct
London
EC1A 2FG
UK
http://www.hoganlovells.com

Turnover (£m): 1,030.00
No. of lawyers: 2,280
(UK 200)
Jurisdiction: UK
No. of offices: 9
No. of qualified lawyers: 206 (International 50)

Jobs