This week's case of the week, provided by Thomas Eggar, covers age discrimination.
This week's case of the week, provided by DLA Piper, covers age discrimination in redundancy schemes.
The Employment Appeal Tribunal (EAT) has held that an employment tribunal did not correctly assess whether or not a redundancy scheme that excluded older workers could be justified.
The Employment Appeal Tribunal has held that, when deciding whether or not a redundant employee's refusal of an offer of suitable alternative employment is reasonable, an employment tribunal is entitled to take into account the degree of suitability of the new job.
In Jackson v Computershare Investor Services plc  EWCA Civ 1065, the Court of Appeal ruled that the provision in the TUPE Regulations to the effect that a transferred contract of employment will have effect after the transfer as if originally made between the employee and the transferee could not be construed so as to give the employee a contractual benefit to which she had not been entitled under her original contract.
In Computershare Investor Services plc v Jackson EAT/0503/06 the Employment Appeal Tribunal held that, for the purposes of a contractual severance scheme, an employee who transferred to the employer under TUPE was taken to have "joined" the company at the time of the transfer, even though the effect of TUPE was to preserve her continuous service with her previous employer. TUPE could not be used to confer on her a benefit to which she would not have been entitled under her previous contract.
In Keeley v Fosroc International Ltd  IRLR 961, the Court of Appeal held that a provision for enhanced redundancy payments set out in a staff handbook that was incorporated into the employment contract constituted an express term of the individual contract of employment, thus conferring a contractual right to the payment.
This week's case round-up from Eversheds, covering turning policies into contractual rights.
HR and legal information and guidance relating to redundancy payments.