Age 


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 and to explain precisely why they are proportionate and necessary to meet the specific demands of the particular workplace.


A solution that is age discriminatory is more likely to be judged proportionate if there has been proper consultation with a recognised union (see HM Land Registry v Benson [2011] UKEAT/0197/11).