Age
[ch 11: page 389]Age discrimination in redundancy selection can be lawful, but only if it can be objectively justified by the employer as a necessary and proportionate means of achieving a legitimate aim. Age discrimination is explained in general terms in Chapter 7: Discrimination. Reps should challenge the choice of age-related selection criteria and ask the employer to justify their use, providing specific reasons backed by evidence, rather than generalisations. A solution that is age discriminatory is more likely to be judged proportionate if there has been proper consultation with a recognised union (HM Land Registry v Benson [2011] UKEAT/0197/11).