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Rolls-Royce plc v Unite the Union

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Rolls-Royce plc v Unite the Union
CourtCourt of Appeal of England and Wales
Citation[2009] EWCA Civ 387
Keywords
Redundancy

Rolls-Royce plc v Unite the Union [2009] EWCA Civ 387 is a UK labour law case, concerning redundancy.

Facts

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In the collective agreements between Rolls-Royce and Unite, each year of service gave employees an extra point against selection for redundancy. Rolls-Royce, challenging the collective agreement that it had itself agreed to, asked the court whether this was compatible with the Employment Equality (Age) Regulations 2006.

The High Court[1] held that under EE(A)R 2006 r 3, the employer would have a defence to age discrimination because the collective agreement pursued a legitimate business aim, and in any case points for long service conferred a benefit on employees within regulation 32. Rolls-Royce argued that the judge had failed to consider whether the provision was proportionate, and there was no ‘benefit’ under regulation 32.

Judgment

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Arden LJ, Wall LJ and Aikens LJ dismissed the appeal in the Court of Appeal. Although the length of service criterion could be indirect discrimination, it pursued a legitimate aim, especially where part of a collective agreement. Although the judge did not explicitly deal with proportionality, objectively his decision was correct, and it was unnecessary to reach a view on regulation 32. But if pushed, they would have said he was right.

Notes

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  1. ^ [2008] EWHC 2420 (QB)