header-logo header-logo

09 September 2011 / John McMullen
Issue: 7480 / Categories: Features , Disciplinary&grievance procedures , Employment
printer mail-detail

Free choice?

hires_0_4

John McMullen examines fairness in redundancy selection cases

In unfair dismissal law it is axiomatic in redundancy cases that an employer must develop objective selection criteria and apply them fairly (Williams v Compair Maxam [1982] ICR 156, [1982] IRLR 83). This article examines what controls on managerial prerogative exist in this area.

Primary rule

The primary rule is that the employer must use a method of selection which is fair in general terms and is applied reasonably (Eaton v King and Others [1995] IRLR 75 (EAT); [1996] IRLR 199 (CA)). As the Employment Appeal Tribunal (EAT) stated in Greig v Sir Alfred McAlpine & Son Northern (Ltd) [1979] IRLR 372 “…in considering the reasonableness of a redundancy dismissal, where a selection has to be made between those who are to be retained and those who are to be dismissed, the most important matter upon which the employer has to satisfy the tribunal is that he acted reasonably in respect of the selection of the particular employee. That normally involves

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll