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Loxley v BAE Systems Land Systems (Munitions & Ordnance) Ltd - Employer's purported justification for age discrimination must always be "critically appraised" to ensure proportionality [2008] EAT

BAE's voluntary redundancy scheme was clearly discriminatory against Mr Loxley on grounds of his age. Because he was 61 he received no enhanced benefits on being made redundant. When the scheme was originally introduced retirement at 60 was compulsory, but that was later changed to 65. However, the redundancy scheme had tapering provisions in place between the ages of 57-60, and was not amended in the light of the retirement age change. An employment tribunal found the discrimination justified, and Mr Loxley appealed.

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