|
In Loxley v BAE Systems
Land Systems (Munitions & Ordnance) Ltd EAT/0156/08, the EAT held that an
employment tribunal must have regard to the disadvantage sustained by an
employee in order to determine whether or not the employer's treatment of the
employee was a proportionate response to a legitimate aim.
Key points
- While the prevention of a windfall for older
employees may justify the denial of a contractual redundancy payment to
an employee who is entitled to an occupational pension, it is not
"inevitably and in all cases justified for those entitled to an
immediate receipt of a pension to be excluded from [a] redundancy
scheme".
| |
|
|
|
|