header-logo header-logo

The usual suspects

Ian Smith confronts some familiar HR horrors in the redundancy pool

Two of the three cases considered this month concern redundancy selection, a topic unfortunately much to the fore in the current climate. The first is a useful reminder of one of the eternal verities here, namely that for an employer’s selection to survive a legal challenge it will usually be necessary to show that objective criteria were used, and applied fairly. In the early days of employment protection law, criteria such as “we will get rid of those whom, in the opinion of the managing director, we can best do without” regularly bit the judicial dust. This recent decision goes further and suggests the continuing importance not just of having acceptable criteria in the first place, but also of being seen to stick to them.

The second case raises that well-known HR horror of having in the redundancy pool an employee off on maternity leave, a complication potentially so difficult that a major law firm was held by a tribunal and

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll