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Age discrimination: Avoidance of "windfall" benefit justified notice of redundancy before formal consultation meeting

This report relates to 1 case(s)

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.