Age

Unlike other forms of discrimination, age discrimination in redundancy selection can be lawful as long as it can be objectively justified as a proportionate means of achieving a legitimate aim. For a general discussion of the laws prohibiting age discrimination, see page 148 and 187 of Chapter 6.

A solution that is age discriminatory is more likely to be judged proportionate if it has been the subject of proper consultation with a recognised union (HM Land Registry v Benson [2011] UKEAT/0197/11), and if non-discriminatory alternatives have been explored in consultation and eliminated for sensible reasons.