Shambolic redundancy scoring was an honest attempt to be fair: Osoba v the Chief Constable of the Hertfordshire Constabulary
In Osoba v The Chief Constable of the Hertfordshire Constabulary, the Employment Appeal Tribunal (EAT) considered whether the Employment Tribunal was correct to find that a police officer, Miss Pritchard, had not discriminated against Mr Osoba because of his age in the context of a redundancy scoring process.
Mr Osoba was part of the constabulary’s skills development team with six other officers. Each officer within this team was highly regarded. However, due to budgetary constraints, the constabulary made a decision to reduce the headcount from seven to three and a redundancy exercise was carried out.
Prior to the redundancy scoring process, two team members confirmed that they intended to retire imminently. In accordance with the constabulary’s internal policies, Mr Osoba was asked if he had a similar intention, as he himself was eligible shortly to retire on full pension after accruing 30 years’ service with the constabulary. Mr Osoba confirmed that he wished to continue in his role rather than retire and his skills were therefore assessed as part of the redundancy scoring process…
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This decision represents a welcome return to the ‘pay for what you use’ principle and strikes a fairer balance between different creditor and expense groups.
Winckworth Sherwood has provided a summary of the Trusts (Capital and Income) Act 2013.