Rolls-Royce plc v Unite the Union

Rolls-Royce plc v Unite the Union [2009] EWCA Civ 387 is a UK labour law case, concerning redundancy.

In the collective agreements between Rolls-Royce and Unite, each year of service gave employees an extra point against selection for redundancy.

Rolls-Royce, challenging the collective agreement that it had itself agreed to, asked the court whether this was compatible with the Employment Equality (Age) Regulations 2006.

The High Court[1] held that under EE(A)R 2006 r 3, the employer would have a defence to age discrimination because the collective agreement pursued a legitimate business aim, and in any case points for long service conferred a benefit on employees within regulation 32.

Although the judge did not explicitly deal with proportionality, objectively his decision was correct, and it was unnecessary to reach a view on regulation 32.