header-logo header-logo

New route for Rolls Royce

23 October 2008
Issue: 7342 / Categories: Legal News , Discrimination , Employment
printer mail-detail

High Court unites in landmark age discrimination case

The High Court has ruled in favour of Unite in a groundbreaking age discrimination case.

Sir Thomas Morison, sitting alone in the high court, ruled in Rolls Royce v Unite [2008] EWHC 2420 (QB), that it was justifi able to take long service into account when selecting workers for redundancy.

Rolls Royce had sought to argue that this amounted to indirect age discrimination, and breached the Employment Equality (Age) Regulations 2006 (SI 2006/1031).

Rolls Royce operated a points-based scheme, where points were allocated on various criteria including length of service with the company. It had argued that this was “unlawful age discrimination which could not be justified”. Unite, a trade union, successfully argued that it was lawful.

Michael Stokes, partner at Rowley Ashworth, who advised Unite, says: “This should give employers more confidence about their ability to retain older workers. I am suspicious of some employers’ motives—they have always been able to find justifications for other forms of discrimination, but not for age. When it comes to those provisions, they are almost devoid of ideas. That is not an accident.

“The High Court judge is saying it’s a straightforward matter to justify this [discrimination], that it says so in the legislation, and that it is acceptable to reward the loyalty of older workers.”

Unusually, the case was brought under Pt 8 of the CPR, and determined by a single judge in the High Court, rather than by an employment tribunal. Part 8 is usually used for contractual disputes, where a judge is asked to rule on a point of interpretation.

Stokes, an employment law specialist, says: “I have never seen this route taken before for an employment case.” The case could potentially open up a new route for parties seeking a determination on a grey area of employment law.

Unite joint general secretary Derek Simpson says: “Older workers often find it harder to find alternative employment when they are made redundant”.

Rolls Royce has been granted permission to appeal.

Issue: 7342 / Categories: Legal News , Discrimination , Employment
printer mail-details

MOVERS & SHAKERS

Birketts—Michael Conway

Birketts—Michael Conway

IP partner joins team in Bristol to lead branding and trade marks practice

Blake Morgan—Daniel Church

Blake Morgan—Daniel Church

Succession and tax team welcomes partner inLondon

Maguire Family Law—Jennifer Hudec

Maguire Family Law—Jennifer Hudec

Firm appoints senior associate to lead Manchester city centre team

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll