Is it reasonable to select people for redundancy on a LIFO (last-in-first-out) basis?
Probably, providing you are consistent. You risk trouble if you make some of your most recent recruits redundant, but hang on to others — unless you have additional criteria (also discussed in the consultation process) that justify the difference in treatment. For example, you might decide to make people redundant on a last-in-first-out basis, unless they have successfully completed a training programme. However, if the application of LIFO disproportionately affects a particular sector of your workforce, they may have a claim for unlawful discrimination on the ground of gender, age, race, sexual orientation, religious or philosophical belief, or disability — unless you can show that the application of LIFO is objectively justified. If, for instance, you habitually take on a tranche of 18-year olds, and find your redundancies from amongst them later in the year, you could well fall foul of the age discrimination legislation.
