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Redundancy selection criteria

New and updated

  • Date:
    1 March 2005
    Type:
    Law reports

    Case digest

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

  • Date:
    1 June 2003
    Type:
    Law reports

    Case round-up

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Date:
    1 January 2003
    Type:
    Law reports

    Case digest

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

  • Date:
    1 May 2001
    Type:
    Law reports

    Discrimination against fixed-term workers

    In Whiffen v Milham Ford Girls' School (22 March 2001), the Court of Appeal rules that a redundancy selection policy whereby staff on fixed-term contracts were dismissed first amounts to indirect sex discrimination.

  • Date:
    1 June 1999
    Type:
    Law reports

    Race criteria for redundancy selection

    In Fletcher and Diabira v Federal Mogul Aftermarket UK Ltd a Leeds employment tribunal (Chair: C T Grazin) rejects an employer's explanation as to why white managers were not part of the pool for redundancy selection and black managers were regarded as "inadequate and unsatisfactory", and holds that two black warehouse managers selected for redundancy were dismissed on grounds of their race.

  • Date:
    1 March 1997
    Type:
    Law reports

    Abandoning LIFO upheld

    In Hall and others v Shorts Missile Systems Ltd (26 November 1996) EOR72A, the Court of Appeal in Northern Ireland upholds a finding that the employer had not acted unlawfully in removing length of service as a redundancy selection criterion because it would have had a disproportionate effect on recently-hired Roman Catholics, thereby undermining the company's affirmative action programme.

  • Date:
    1 December 1996
    Type:
    Law reports

    Part-timers' redundancy selection not sex bias

    In Harrison and others v John Hine Ltd, dismissing a claim of indirect sex discrimination brought by part-time employees made redundant, a Shrewsbury industrial tribunal (Chair: S J Williams) holds that 94% female compliance with the conditions for continued employment was not considerably smaller than 97% male compliance.

  • Date:
    1 March 1996
    Type:
    Law reports

    Female manager preferred female colleagues

    A male manager in a predominantly female organisation was selected for redundancy by a female manager who chose to retain women in preference to men because she thought that they would "better fit into the organisation in its new form", holds a Sheffield industrial tribunal (Chair: T P Ryan) in Taylor v Freemans Mail Order.

  • Date:
    1 November 1992
    Type:
    Law reports

    Length of service lawful

    In Brook and others v London Borough of Haringey (21 July 1992) EOR46A the EAT holds that it will be "a fairly simple burden" for employers to justify use of length of service as a redundancy selection criterion, notwithstanding its discriminatory impact upon women.

  • Date:
    1 May 1991
    Type:
    Law reports

    Public law remedies and unlawful discrimination

    In R v London Borough of Hammersmith & Fulham ex parte NALGO and others (7 March 1991) EOR37E the High Court suggests that if a public authority proposes to embark upon an employment or redeployment policy which is in breach of the Sex Discrimination or Race Relations Acts, public law remedies should be available to the unions and employees affected.

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HR and legal information and guidance relating to redundancy selection criteria.

Redundancy selection crieria: key resources

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