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Redundancy: Employer entitled to apply LIFO as sole criterion for redundancy selection

This report relates to 1 case(s)

An employer was entitled to select one of its three cashiers for redundancy on the basis of length of service alone, holds the EAT in Messrs Blatchfords solicitors v Berger and others 30.3.01 EAT/207/00. Although today length of service will usually be just one of several redundancy selection criteria, it cannot be said that no reasonable employer would now rely on length of service as the sole criterion. Each case depends on its facts, and the fundamental question in every case is whether the selection was one which a reasonable employer could have made. In this case the employment tribunal wrongly substituted its own view that the appropriate criterion should have been the relative importance of the candidates for selection, for the reasonable view of the employer that the objective criterion of length of service should be applied.