Case report round-up: Age discrimination to avoid pension costs was justified
XpertHR's latest case reports cover:
- Age discrimination: Avoidance of "windfall" benefit justified notice of redundancy before formal consultation meeting In Woodcock v Cumbria Primary Care Trust [2011] IRLR 119 EAT, the EAT held that an employer that directly discriminated against a redundant employee by bringing forward his notice of dismissal to avoid incurring the substantial costs of enhanced pension entitlements that would crystallise on his 50th birthday was justified in doing so. Although not directly relevant in this case, the EAT also cast doubt on the “cost plus” approach to justification. (Employment Review)
- Victimisation: There may be a valid distinction between a protected act and "genuinely separable" features of consequences of that act In Martin v Devonshires Solicitors EAT/0086/10, the EAT held that, where an employer dismisses an employee in response to his or her protected act, the employer may not have unlawfully victimised the employee where the reason for the dismissal was some feature of the protected act that can be treated as separable. (Employment Review)
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