Age Discrimination: Spot the difference

Dechert LLP | Employment Law Journal | March 2016 #168
Jennifer McGrandle analyses a recent EAT decision on who the correct comparator is when seeking to demonstrate less favourable treatment ‘RBS may struggle to justify its treatment of Mr Donkor given that the significant additional cost of his enhanced pension seems to have been the driving force behind the decision not to offer him the …

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Justification Defence: Revisiting the ‘cost plus’ rule

Lewis Silkin | Employment Law Journal | May 2012 #130
Katharine McPherson reviews the decision in Woodcock v Cumbria PCT and considers what role cost may play in justifying treatment that would otherwise amount to discrimination ‘In accordance with previous case law, the court agreed that an employer cannot justify discrimination simply because not discriminating would involve increased costs.’ For some time now, case law …

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Age Discrimination: Time is money

Winckworth Sherwood | Employment Law Journal | February 2011 #117
David von Hagen looks at a recent EAT decision on whether employers can justify dismissing a worker to avoid paying enhanced pension benefits ‘In Woodcock v Cumbria PCT, Underhill J said that the adoption of the costs plus rule tends to involve parties and tribunals in artificial game playing, including one of “find the other …

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