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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll