Council worker sued for discrimination after he missed out on £350k pension when he was made redundant three days before his 55th birthday
Lee Henley, a former Thurrock Council manager, claimed age discrimination after redundancy plans meant his job ended three days before his 55th birthday, leaving him unable to take his full pension immediately. An employment judge dismissed his claim, despite the substantial financial difference the timing made.
Henley had worked for the council for 35 years, and his early retirement lump sum was estimated at £357,858.85. He believed his notice period would end after his birthday, but while he was on holiday the council reduced the consultation period from 45 days to 30, bringing forward his final day; the change followed a decision that fewer than 100 staff would be made redundant. The council, which had faced severe financial difficulties, said the restructuring was needed to make savings.
In short
- Lee Henley’s discrimination claim was dismissed.
- Redundancy left him short of an immediate pension worth about £358,000.
- The council brought his final day forward while he was on holiday.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Henley’s strongest case is that the council’s decision to shorten consultation while he was away brought his employment to an end just three days before a clear age threshold, costing him the immediate pension option and a large lump sum after 35 years’ service. Even if the change followed a general redundancy decision, the council could reasonably have considered whether an adjustment or individual discussion would avoid such a severe and age-linked consequence.
The case against
The council’s strongest case is that it changed the timetable because the number of planned redundancies fell below 100, making a shorter consultation period applicable, and the restructuring was needed amid serious financial pressure. On the reported facts, the earlier end date arose from that operational process rather than a decision to disadvantage Henley because of his age; a costly pension consequence alone does not establish discrimination.
Explained simply
Local councils employ staff in a range of roles and may reorganise services when budgets are under pressure. If a council plans redundancies, it consults affected staff and sets dates for when jobs will end.
Pension rules can make a difference to when someone may retire and how much they receive. For some public-sector workers, reaching a particular age can affect whether they can take their pension straight away and the value of any lump sum.
Lee Henley worked for Thurrock Council for 35 years before his job ended during a restructuring. He argued that the timing amounted to age discrimination; the case concerned how the redundancy arrangements affected his pension and whether the council’s actions broke employment law.