In BG plc v O'Brien, the EAT holds that an employer was in breach of contract when it denied an employee the benefit of a contractual redundancy package because it had not appreciated that his employment status was that of a "permanent" employee.
In Harvest Town Circle Ltd v Rutherford the EAT has allowed an appeal against a finding that the exclusion of employees age 65 and over from the right not to be unfairly dismissed or to receive a redundancy payment is indirectly discriminatory against men and contrary to Article 141 of the EU Treaty.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.