Retail Motor Law

Age discrimination in redundancy selection

The Court of Appeal has confirmed that giving credit for length of service in redundancy selection is not unlawful age discrimination. Rolls Royce took the case to the High Court initially for clarity on the lawfulness of using criteria agreed with a union in a collective agreement. The appeal decision confirmed that service (used with other factors such as expertise and personal contribution) could be objectively justified as a proportionate means of achieving a legitimate aim, and therefore not unlawful, because it was a reward for loyalty, helped maintain a stable workforce, and fulfilled a business need.

Case Ref: 2009EWCA Civ 387 CA