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W had worked for the council for many years and was aged 49 when he was made redundant. If he had remained in employment for a few more months he would have been 50 and would have become entitled to an immediate early retirement pension and enhanced pension benefits. W claimed unlawful age discrimiation (and unfair dismissal) on the basis that the council’s decision to dismiss him when it did was motivated by the wish to avoid the cost of having to fund such a pension (estimated at between £500,000 and £1 million).
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