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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49837
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i been told by my firm that i was selected for redundancy on

Customer Question

i been told by my firm that i was selected for redundancy on the grounds that i was last in and that am not old are young ,than found out by my owe boss that she did not put my name forward due to work college deciding to take early retirement redundancy. She thinks as i was only member in my department not in the union . i think am been single out they saying that am not to old r young age discriminating
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?
JACUSTOMER-gv3n33ux- :

i work in this firm 2 years and10 months

JACUSTOMER-gv3n33ux- :

ben jones i have work in this firm for 2 years 10 months

Ben Jones :

Sorry I am not quite clear on the reasons for your redundancy selection - are they saying that you have been selected only because of your length of service, because you were last in?

JACUSTOMER-gv3n33ux- :

Ben jones when human resources turn up on monday, took me in for informal chat , said i was selected for redundancy as they going by las tin first out policy and that i was not old our not to young this is thier reason for me begin seleted.

Expert:  Ben Jones replied 4 years ago.
When conducting a redundancy exercise, an employer has a duty to ensure that those employees who are selected for redundancy have been selected using a fair method, using objectively justifiable selection criteria.

Using 'last in first out' used to be applies frequently in the past but its use has sharply decreased over recent years. The reason is that it can easily be linked to discriminatory legislation. More specifically, it is unlikely to be deemed fair if it was used as a sole reason to select someone from redundancy. It can be used as a 'tiebreaker' where other criteria have been applied but failed to get a result, but should not be relied on as the sole method for redundancy selection.

Its sole use could actually result in a claim for unfair dismissal and indirect discrimination on grounds of age. This is because it is likely to put employees in younger age groups at a particular disadvantage, as they are more likely to be the employees with the least service.

So if this is the only selection criterion used it is unlikely to be fair, but can be fair if it is part of a wider selection process.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
Customer: replied 4 years ago.


Ben jones I receive a letter other day it saying their using this last in first out [policy] . when in on Monday morning the lady said it was informal chat . she said as am not to old r not to young ,your in between age, in your view is this not a age discriminating towards me.

Expert:  Ben Jones replied 4 years ago.
yes as discussed in my advice above if this was the only selection used then it is likely to be discriminatory