
Charles Pigott explains how & why age can be a case apart
Last month, Mr Woodcock’s long battle to secure an enhanced redundancy payment almost certainly ended in defeat (Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330). Woodcock is a former chief executive of a group of primary care trusts who lost his position in an NHS re-organisation in 2006. His application for one of the new positions at the same level was unsuccessful, but his employment continued while alternative positions were explored. By early 2007, it became clear that he was unlikely to find alternative employment in the new structure and arrangements were made for the formal redundancy process to begin. However, due to various delays, the first consultation could not be arranged until June 2007, just over a year before Woodcock’s 50th birthday. Given that he was entitled to 12 months’ notice of termination of his employment, the decision was taken to issue the redundancy notice before the first consultation meeting, in breach of the trust’s normal procedures. Failure to give notice before Woodcock’s