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Redundancy and age discrimination: learning from tribunal decisions

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A browse through the archive of employment tribunal decisions shows that, not surprisingly, quite a few age discrimination cases involve redundancy. In the first in a new series of articles on tribunal decisions [subscription required], XpertHR has rounded up some of the more interesting cases on age discrimination in redundancy.

Although the decisions are not binding on other tribunals, they provide useful illustrations for employers of redundancy situations that have led to age discrimination claims and, in some cases, large awards of compensation.

The cases that we have reported on include instances of blatant discrimination (older employees being dismissed and younger workers from another location being moved into their jobs); near misses (an unwise comment by a manager that it cost less to train young people leading to a claim that was successfully defended); and large payouts by employment tribunals (including an award of over £90,000 for loss of earnings and an award of £29,500 for injury to feelings).

As well as summaries of the cases, we provide links to the transcript of the decision, for employers that wish to read the ruling in full.

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Comments (1)

Jo Stubbs:

Interesting to note, having just read the actual article, that the high loss of earnings award stemmed largely from the tribunal's recognition that, because of further age discrimination in the job market, the individual would find it hard to find another job at his age!

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