The Court of Appeal has confirmed in Rolls-Royce plc v Unite the Union that the use of length of service as a criterion for redundancy selection is not unlawful where it is used as part of a selection matrix and it can be shown to be justified. Rolls-Royce had asked for a declaration that the use of length of service as one of the redundancy selection criteria discriminated against younger members of the workforce who had less opportunity to accrue length of service, and was therefore unlawful under the age regulations. Unite the Union had disputed the application, as it wanted Rolls-Royce to continue to apply the selection criteria as set out in their collective agreement.
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