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 at that time.



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).