The view from Littleton Chambers

3 Kings’ Bench Walk North, London EC4Y 7HR


It was always going to be an issue whether enhanced redundancy payments were lawful under the Employment Equality (Age) Regulations 2006 notwithstanding the provisions of reg 33, which permits enhanced redundancy payments but only where the statutory scheme is mirrored as most enhanced schemes are more sophisticated than that. In particular, they contain tapering provisions which reduce the level of benefits where the employee reaches retirement age otherwise it is perceived that the retiring employee may get a windfall. Enhanced schemes were considered in three cases during 2008.

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