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12 November 2010
Employment appeal tribunal
Underhill J (P); Ms K Bilgan; Dr V Fitgerald MBE LLD FRSA
Cost alone may objectively justify what might otherwise amount to unlawful age discrimination.
W's post as Chief Executive disappeared in a merger of Primary Care Trusts (PCTs). He was seconded to the Strategic Health Authority and his employment continued while he was put on various temporary projects. A redundancy consultation meeting was arranged but, before it took place, he was given one year's redundancy notice, because if the notice was given after the date scheduled for the consultation meeting, he would have been 50 by the time the notice expired, entitling him to redundancy and early retirement benefits which would have cost the trust between £500k to £1m.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...