27 March 2012
The Court of Appeal has ruled that an NHS chief executive was not discriminated against on the grounds of his age when he was made redundant shortly before he became entitled to enhanced pension benefits. The Court of Appeal said health service managers in Cumbria did not act unfairly when the timing of Mr Woodcock’s redundancy enabled them to avoiding paying pension benefits worth around £500,000.
The court concluded that although his age had been the reason for his dismissal without proper consultation, the dismissal was justified because it was a legitimate aim for an employer to dismiss an employee who had become redundant. The treatment was therefore not taken solely to save money and so was not unlawful. The full judgment can be seen here
Leigh Day employment lawyers
Many companies and public bodies are currently trying to save money by making employers redundant. However, it is still important that the redundancy procedures followed by organisations is fair and equal. Many employees would benefit from the advice given by specialist employment lawyers, for example, when compromise agreements
are being negotiated following mass redundancies. If you would like to speak to one of our employment lawyers about a negotiating a compromise agreement please contact the team on 020 7650 1200
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