Important Case Review: Caps on Redundancy Payments Do Not Constitute Indirect Discrimination
Published on: 06/08/2015
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Article Authors The main content of this article was provided by the following authors.
Elaine Kelly Partner, Byrne Wallace Shields
Elaine Kelly Partner, Byrne Wallace Shields
Elaine kelly

Elaine is a Partner in the ByrneWallace Employment Law Team.  She has over 12 years’ experience advising on all aspects of the employment relationship.  Elaine leads the firm's offering on “atypical” working covering the law as it relates to part-time work, fixed-term work, agency work, job sharing, flexible working arrangements and e-working.  She also has particular expertise in equality law and business acquisitions and outsourcing.

Elaine has presented on employment law issues to Public Affairs Ireland, Legal Island and Chartered Institute of Accountants.  She is a regular speaker on “Transfer of Undertakings" on the Law Society Diploma in Employment Law.  She is co-author of the Law Society’s Employment Law Manual published by Oxford University Press 2011 and the e-textbook for the Law Society of Ireland’s Professional Practice Course in employment law.  Elaine regularly provides bespoke employment law training.

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 provided for a payment of five weeks’ pay per year of service in addition to statutory redundancy payments.

However, in the case of those employees who were

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/08/2015
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