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In the recession employers may find themselves with a double headache: having to make employees redundant, and having to be able to justify the choice of employees to let go. There have been several recent cases in court which have cast light on the age discrimination rules, which have come in since the last downturn. In each case the question was whether the choice of employees, or the terms offered to those leaving, constituted age discrimination. The judges found that the employers were protected by the rule which allows discrimination if it is "a proportionate means of meeting a legitimate aim". Choosing employees with shorter service could be proportionate because it retained more experienced workers. Agreeing a points system with the union could be acceptable because carrying out the redundancy exercise in an agreed and peaceful way was a legitimate aim. If you are in the unhappy position of having to lay workers off, make sure that you have considered your legal responsibilities - the last thing you want is a series of claims coming back afterwards.  |