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 the Employment Appeal Tribunal (EAT) to have got it wrong

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll