High Court on 17th October 2008, reported at [2009] IRLR 49;
Court of Appeal on 14th May 2009 reported at [2009] IRLR 576
Representation:
"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".
In May 2009 the Court of Appeal upheld the High Court decision noted here, albeit only by a 2 to 1 majority (see Rolls-Royce PLC v UNITE the Union [2009] EWCA Civ 387, 14th May 2009 reported at [2009] IRLR 576).
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 .