In Macculloch v Imperial Chemical Industries plc [2008]
Ms MacCulloch (M) was made redundant by Imperial Chemicals Industry
plc (ICI). She was paid an enhanced redundancy payment, which was
calculated on age and length of service. The scheme gave
significantly higher payments to older workers. M was nearly 37
years old and thus received only 55% of her gross annual salary
compared to up to 175% for her older coworkers.
FACTS
M later claimed that the enhanced redundancy pay was directly or
indirectly discriminatory on the grounds of her age and that had
she been older she would have had the opportunity of having longer
service. The ET accepted that the calculation was, on the face of
it, directly and indirectly discriminatory. However, it upheld
ICI's defence that the calculation was objectively justified.
Therefore M's claims on both direct and indirect discrimination
failed.
