Important Case Review: Caps on Redundancy Payments Do Not Constitute Indirect Discrimination

Posted in : Supplementary Case Law Articles ROI on 21 May 2013
Elaine Kelly
ByrneWallace

Elaine Kelly has written a review of the Labour Court recommendation in Hospira v Roper. In a landmark decision, the Court overturned a decision of the Equality Tribunal to the effect that caps on redundancy payments constituted indirect discrimination on grounds of age (and would only be lawful if objectively justifiable).

The complainants in the case had been employed by Hospira for periods ranging from 16-25 years and their employment contracts were terminated following Hospira's decision to close the plant in Donegal in which they worked. Hospira agreed redundancy terms with SIPTU which

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This article is correct at 06/08/2015
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Elaine Kelly
ByrneWallace

The main content of this article was provided by Elaine Kelly. Contact telephone number is +353 1 691 5661 or email ekelly@byrnewallace.com

View all articles by Elaine Kelly