04 Aug 2013

Redundancy selection criteria - age discrimination

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Employment alert email

Monday 5 August 2013

Credit Suisse have had a finding made against them by the tribunal for direct age discrimination in relation to an experienced retail analyst. Mr Shiret was dismissed at the age of 55 through a redundancy process in which the scoring was held to be unfair and discriminatory and the consultation process meaningless. Mr Shiret received lower scores in the redundancy selection process compared to his younger colleagues and was not given credit for certain criteria despite evidence to the contrary. Emails were disclosed which discussed offering early retirement to Mr Shiret and the tribunal also found that the explanations provided in evidence by one witness were not credible.

It has been reported that Credit Suisse plan to appeal the decision.

Practical implications:

* More people are prepared to challenge redundancy selection procedures.

* Have a clear rationale behind your redundancy scoring - you may have to explain to a tribunal why individuals received the scores they did.

* Have clear documentation supporting your criteria and the scoring as it will be required for disclosure or as part of a subject access request.

*Never underestimate witness preparation.
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Paul Reeves

Paul Reeves
Partner

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