• Robert Spicer

Age discrimination: no true redundancy

AGE DISCRIMINATION

No true redundancy

Case Demosthenous v Sosa Factory Ltd (2016) Eq Opp Rev 272:24, Watford ET

Facts D was dismissed for redundancy at the age of 67. She complained of age discrimination.

Decision 1. In the absence of any evidence of redundancy, the burden of proof on the claim passed to the employer.

  1. The claim succeeded.

  2. No proper procedure had been followed by the employer.

  3. In relation to comparators, two employees aged 58 and 60 were proper comparators despite the narrow difference in age, because D’s age group was those entitled to draw state pension whereas the comparators were not.

  4. Injury to feelings award: one off act: serious matter with substantial effects: £5000 plus £552 interest plus reimbursement of tribunal fees.

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