Length of service criterion can legally be used for redundancy selection

Rolls Royce Plc v Unite the Union [2009] EWCA Civ 387 is authority for the proposition that a length of service criterion within the selection matrix for redundancy was not in breach of the Employment Equality (Age) Regulations 2006, in that the inclusion of the criterion was a “proportionate means of achieving a legitimate aim” within reg 3(1)(b).

The Court of Appeal, (Arden, Wall, Aikens LJJ – Aikens LJ dissenting) stated that the length of service criterion was a “legitimate employment policy” and a “labour market objective”. The legitimate aim was the reward of loyalty and the overall desirability of achieving a stable workforce in the context of a fair process of redundancy selection.  The proportionate means was demonstrated by the fact that the length of service criterion was only one of a number of criteria for measuring employee suitability for redundancy and that it was not determinative.  Equally, the criterion was consistent with the overarching concept of fairness.