We reported the Rolls Royce case which considered whether using the length of service as a criterion for selection for redundancy amounted to age discrimination.  The case has now been considered by the Court of Appeal which upheld the decision that using the length of service as a criterion for redundancy selection did not amount to unlawful age discrimination because it was a proportionate means for achieving a legitimate aim.  Remember that the case involved collective agreements so leaves open whether the same conclusion would be reached where there is no collective agreement.

If you wish to read the judgment, it is here.