[2008] EWHC 2420, High Court on 17th October 2008, reported at [2009] IRLR 49
[2009] EWCA Civ 387, Court of Appeal on 14th May 2009 reported at [2010] ICR 1 (also at [2009] IRLR 576).

NOTES

  • Rolls Royce PLC v Unite The Union, High Court [2008] EWHC 2420 (QB) on 17th October 2008, reported at [2009] IRLR 49)
  • Rolls-Royce PLC v Unite The Union, Court of Appeal [2009] EWCA Civ 387 on 14th May 2009, reported at [2010] ICR 1 (also at [2009] IRLR 576)
  • The full text of each judgment is available free of charge on the BAILII website (Court of Appeal / High Court)

    Representation:

  • John Bowers QC (Court of Appeal only) and Simon Cheetham instructed by Eversheds LLP for Rolls Royce PLC, the Appellant
  • Peter Edwards instructed by Rowley Ashworth Solicitors for the Union, respondent.
    Authority for the propositions that:-

    1. "Last in - first out" as a criterion for redundancy selection can be lawful, even though age discriminatory against younger workers, provided it is not used as a blunt tool on its own but is "part and parcel of a sophisticated approach which measures other factors as well".
    2. Notwithstanding the general rule that a Court will not consider a case where the issues involved are of academic interest only, it can be appropriate to consider a case which is arguably within that category if underlying the question for consideration there is an important substantive point of general interest which is not academic and which if not resolved, would lead to a dispute between the parties

    For relevant general notes see Redundancy/selection for redundancy/last in, first out and/or Age discrimination/2006 regulations/justification defence and/or Age discrimination/2006 regulations/redundancy and/or Appeals/to the Court of Appeal .


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    updated May2009