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21 May 2009 / John McMullen
Issue: 7370 / Categories: Features , Terms&conditions , Employment
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Fair grounds?

Dr John McMullen on restructuring, downsizing & workforce lay-offs

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An employer's first step when approaching a redundancy selection should be to identify the pool of employees from which those who are to be made redundant will be selected, as this will be considered by an employment tribunal when assessing the fairness of the dismissal. If an employer simply dismisses an employee without first considering the pool, the dismissal is likely to be unfair, regardless of the fair selection criteria applied.

As far as possible, objective selection criteria, precisely defined and capable of being applied in an independent way should be used when determining which employees are to be selected for redundancy. Employers will often take into consideration a number of factors, and the simultaneous application of these criteria is recommended. Employers may apply different weightings to each criterion, and adopt a tie-break provision in the event of equal totals. The important question is whether the selection for redundancy was one which a reasonable employer could have made, taking

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Haynes Boone—Jeremy Cross

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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