An Employment Tribunal must reconsider its decision that a rushed redundancy process was not direct age discrimination.
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Redundancy
The EAT required a Tribunal to reconsider its finding that direct age discrimination in access to a car lease scheme was justified, because they took account of an issue that had not been argued by the parties.
A settlement agreement could not cover age discrimination claims that had not arisen at the time it was signed.
An Employment Tribunal found no evidence of direct age discrimination, indirect age discrimination, or harassment.
It was age discrimination to subject someone to ageist comments, repeated use of the word “agile”, and having their age discrimination complaints treated less seriously (than race or sex discrimination complaints).
Previous “sham” redundancy involving an older employee was not evidence of age discrimination.
An Employment Tribunal has said that "last in first out" is not an irrational method of redundancy selection.
The dismissal of a hairdresser for redundancy was not age discrimination, despite the fact that two younger members who were also made redundant had carried on working in the salon in a different capacity.
An Employment Tribunal found that a 54-year-old employee did not suffer age discrimination despite being made redundant 12 weeks before being able to access his pension.
An age discrimination claim was struck out because there was a lack of evidence to demonstrate any reasonable prospect of success.
A Tribunal accepted that comments made by a General Manager that “old workers like old football players need to leave so that it could bring in new blood otherwise the team would not be efficient” were age discrimination.
University criteria that restricted appointment to a post was justified indirect age discrimination.
Did additional "pension strain cost" influence a decision not to make someone redundant?
This case involved a director denied the opportunity to apply for voluntary redundancy.
An enhanced redundancy scheme that tapered down to zero at age 65 was not justified.
An employee was dismissed 11 days before she was due to receive a pension.
It wasn't age discrimination for RBS to decline to offer a redundant employee a chance to change her mind about voluntary redundancy or redeployment.
The EAT overturned a ruling that an employee suffered age discrimination when a younger, less qualified person was appointed to a position in a redundancy situation.
Comments that an employee was to be replaced by a "young, fit blonde" were age discrimination.