Palmer v Royal Bank of Scotland plc

Employment – Discrimination on grounds of age. The Employment Appeal Tribunal, in agreement with the employment tribunal, decided that the claimant had not been subjected to less favourable treatment on account of her age. Her position had been different to that of the comparators because they had been in a position to accept voluntary early retirement (VER) rather than redundancy or redeployment, whereas, at her projected date of leaving employment, that option had not been available to her as the scheme was open to those aged 50 or over and she was aged 49. She could not lawfully have been offered VER at that age as there was a statutory prohibition against it.

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