Employment Rights Update – February 2016

This month we take a look at cases on age discrimination and holiday pay.

DONKOR V ROYAL BANK OF SCOTLAND  – 16 OCTOBER 2016 – AGE DISCRIMINATION

In this case, the EAT considered whether younger workers could compare themselves with older workers in a redundancy exercise when they were not eligible for early retirement pension enhancements.

Mr Donker worked for the Royal Bank of Scotland as a Regional Director. During a restructuring in 2012, the bank carried out a preliminary selection exercise on paper to decide who was to be interviewed for new roles and who was to be given the option to apply for voluntary redundancy. Those aged over 50 who were given an interview would also be given the option of early retirement – but the bank subsequently revised that view, having realised that enhanced pension costs would be expensive for the over 50s.

Mr Donker was over 50, but was not selected for interview. The enhanced pension costs in Mr Donker’s case would have been over £500,000. 

View the full employment rights legal update.