23.10.2008

Age Discrimination: Using Length of Service in a Redundancy Selection Matrix

In Rolls Royce PLC v Unite the Union EWHC 2420 (QB) the High Court held that Rolls Royce's use of length of service as part of its matrix for selection for redundancy was lawful.

For the purposes of regulation 32 of the Employment Equality (Age) Regulations 2006 (Age Regulations), awarding points for length of service as part of the matrix was the award of a benefit. An agreed redundancy scheme that had been negotiated with a recognised trade union and which used length of service as part of a wider scheme of measured performance was likely to be regarded as reasonably fulfilling a business need.

The High Court also held that Rolls Royce's selection matrix pursued the legitimate aim of achieving a peaceful and fair selection process that had been agreed with a recognised trade union for the purposes of regulation 3 of the Age Regulations.