Loxley v. BAE Systems Land Systems (Munitions & Ordnance) Ltd [2008] UKEAT 0156_08_2907 (29 July 2008)

Loxley v. BAE Systems Land Systems (Munitions & Ordnance) Ltd [2008] UKEAT 0156_08_2907 (29 July 2008)

The Tribunal erred by failing to conduct an adequate analysis of the legitimate aims of the redundancy scheme and the proportionality of the exclusion of employees over 60. The Tribunal focused too narrowly on minor pension losses and did not assess whether the exclusion was a proportionate means of achieving a legitimate aim in light of the changed retirement age and pension rules.

Citation
[2008] UKEAT 0156_08_2907
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
29 July 2008
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision; Remitted for Rehearing
Outcome
Appeal allowed; Tribunal decision set aside; case remitted for rehearing before a fresh Tribunal.
Legal Topics
Age Discrimination, Redundancy Payments, Justification Defence, Proportionality, Collective Agreements
Employment Law Equality Law Age Discrimination Redundancy Payments Justification Defence Proportionality Collective Agreements

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision; Remitted for Rehearing

Legal Issues

  1. 1 Whether exclusion from a redundancy scheme at age 60 constitutes unlawful direct age discrimination
  2. 2 Whether the employer's justification for the exclusion is legitimate and proportionate

Ratio Decidendi

The Tribunal erred by failing to conduct an adequate analysis of the legitimate aims of the redundancy scheme and the proportionality of the exclusion of employees over 60. The Tribunal focused too narrowly on minor pension losses and did not assess whether the exclusion was a proportionate means of achieving a legitimate aim in light of the changed retirement age and pension rules.

Court Disposition

Appeal allowed; Tribunal decision set aside; case remitted for rehearing before a fresh Tribunal.

Orders

  • Case remitted to a fresh Employment Tribunal for rehearing.
  • Any arguments differentiating between notice and redundancy elements to be identified and argued before the Tribunal.