The claimant, who worked for the respondent for 27 years, argued that he was discriminated against on the grounds of his age after being excluded from an enhanced severance package. The claimant had made his employer aware that he wanted to continue working after his 65th birthday by signing a ‘Retirement Option’ form.

After a global review of its manufacturing operations the respondent announced its intention to close its Ballymena factory with the loss of 850 jobs. The redundancy package was based an earlier contractual redundancy scheme which stated “entitlement… only applies up to age 65” with employees over 65 receiving statutory redundancy pay only. This scheme had not been amended following the removal by Government of the Default