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 two questions, namely whether the employer adopted reasonable criteria for

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll