Case report round-up: early dismissal notice to redundant employee not age discrimination

The XpertHR's latest case reports cover:

• Age discrimination: Decision on age grounds to issue dismissal notice to redundant employee prior to formal consultation was justified In Woodcock v Cumbria Primary Care Trust [2012] IRLR 491 CA, the Court of Appeal held that the employer was justified in issuing a redundancy dismissal notice to an employee prior to formal consultation so as to avoid his remaining in its employment until his 50th birthday. (Employment Review)
• Age discrimination: Balancing exercise is crucial when considering if discriminatory criterion justified In HM Land Registry v Benson and others [2012] IRLR 373 EAT, the EAT held that the "cheapness criterion" applied by the employer during an early retirement selection process was justified, although indirectly discriminatory on the grounds of age. (Employment Review)
• TUPE: Change in place of work constituted substantial change in working conditions to employees' material detriment In Abellio London Ltd (formerly Travel London Ltd) v Musse and others; CentreWest London Buses Ltd v Musse and others [2012] IRLR 360 EAT, the EAT held that the employment tribunal had been entitled to uphold claims that employees who resigned because of a TUPE transfer that involved a significant change in their place of work had been subjected to a substantial change in working conditions giving rise to a material detriment. They had therefore been unfairly dismissed pursuant to reg.4(9) of the TUPE Regulations 2006. (Employment Review)

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