Length of service criteria discriminatory BUT could be objectively justified


In a redundancy matrix, to give points for long service confers a benefit on the employee and therefore gains exemption

Author: Dennis Chapman
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This article is 13 years old.

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In the case of Rolls Royce plc v Unite the Union (2008) the Union made a claim for indirect age discrimination against young employees by Rolls Royce where the criteria for redundancy included a points scoring system for length of service. 

The High Court decided that, although discriminatory it could be objectively justified in giving a fair and peaceful selection procedure.  The High Court went on to say that in a redundancy matrix, to give points for long service confers a benefit on the employee and therefore gains exemption from the general prohibition on age discrimination under Regulation 32(2) of the legislation. 

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

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