Confusing age discrimination case
July 18, 2008
A recent tribunal case involving John Wooster, a former employee at Tower Hamlets Council, has some complicated aspects relating to the Age Discrimination Regulations (2006). Wooster was made redundant shortly before his 50th birthday, which meant that he missed out on a number of financial benefits that he would have received if he had been 50 at the time of dismissal. He had previously been at risk of redundancy but had been seconded to East End Homes, a housing provider, as an alternative. At the end of this secondment he was again at risk of redundancy, and although East End Homes offered to pay his salary until he was 50, Tower Hamlets refused and dismissed him by reason of redundancy.
The council didn’t follow the statutory procedures when they dismissed Wooster, and admitted to automatic unfair dismissal in the tribunal, but denied age discrimination. The HR Director stated that it was right to refuse to extend a notice period simply to allow an employee to benefit from additional benefits, but the tribunal said that there was no doubt the employee was dismissed because of his age and therefore had been discriminated against. Tower Hamlets is to appeal against the decision but if the Council is unsuccessful it could be looking at a £1million compensation payment.
I find the legislation relating to discrimination and redundancy quite confusing – if Wooster was chosen for redundancy above another employee because there was a reduction or cessation of available work, and the selection criteria (which surely wouldn’t have included age?) was fair, then shouldn’t it really make no difference at what age the redundancy was made? Maybe the deciding factor was that there was work available because the company Wooster was seconded to offered to make work available for him but this was not taken up by the Council.
It’s all very confusing to me. If anyone can shed any light on this situation I would be delighted to hear from you!
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