Taylor v Farrans Construction & Ors [2023]

Background:

The claimant was employed by the respondent from November 2017 until October 2020 as a crane driver.  The claimant was 66 at the time of termination (his state retirement age) and he turned 66 during the redundancy process which was run by the respondent.

The respondent decided that redundancies were required following a downturn in work due to the Covid pandemic.  The process started with a voluntary redundancy exercise of which eight volunteers came forward with four approved and four rejected.  Of the four rejected two were crane drivers – the crane drivers were all put into a pool and a selection matrix applied. The two rejected for voluntary redundancy was