Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

16 APR 2013

Lockwood v Department of Work and Pensions UKEAT/0094/12; (2013) EMPLR 020

Discrimination - age discrimination

4 February 2013

Employment Appeal Tribunal (EAT)

HHJ Peter Clark, Mr C Edwards and Mr G Lewis

Paying more redundancy pay to older people than younger people is justified because older people have more difficulties if they lose their jobs.

Ms Lockwood took voluntary severance from the Civil Service. Her severance payment was about 61% of that of a colleague who was aged over 35 with the same length of service. Ms Lockwood complained that the difference in payment amounted to age discrimination.

The employment tribunal, upheld by the EAT, rejected her claim on two grounds:

1.         that Ms Lockwood and her comparator could not properly be compared because there was a material difference between them - the greater difficulty that 35+ year-olds have in finding other employment (but isn't that an argument that the different treatment was justified, rather than that the situations were different?); and

2.         the need to provide a proportionate financial cushion for workers until they find alternative employment, and the fact that the financial cushion required was greater for older workers, provided objective justification for the difference in treatment.

To view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).

To request a free trial click here and select Jordans Employment Law online from the drop down menu

Law of Termination of Employment, The

Authoritative analysis of the rules governing termination of employment provides coverage of the...

More Info from £110.00
Jordan Publishing Employment Law

Jordan Publishing Employment Law

"exceptional value for money in today's challenging legal environment" John Mitton, PG Legal

Available in Employment Law Online
Subscribe to our newsletters