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Age discrimination: Balancing exercise is crucial when considering if discriminatory criterion justified

This report relates to 1 case(s)

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.

Key points

  • When implementing a voluntary severance/early retirement scheme it was legitimate for the employer to impose a budget of £12 million.