The claimant was a senior manager in the Bank. During a restructuring exercise he sought redundancy and an early retirement option - he was aged 50. The costs to the bank of his severance package would have been in the region of £0.5m, so his case was referred upwards for approval. The bank baulked at paying out such a sum and offered him an alternative post, which he took.
A further restructuring led to his termination on grounds of redundancy but the excellent early retirement option was gone - the age limit to retire early with a non-discounted pension had been raised to 55. The EAT has concluded that the claimant's case of age discrimination has been made out:
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