About Me

London W1, West End Marylebone Westminster, United Kingdom
Andrew Veitch solicitor ( LL.B., M.A., PgDip )is a partner in Guy Clapham and Co solicitors. He deals with the following areas of law: commercial and residential property, conveyancing, litigation (including neighbour disputes), divorce, family, debt collection, landlord and tenant, wills, trust, probate, personal injury and employment. Andrew's clients range from large companies and property developers to local businesses and individuals throughout London and the whole of England and Wales. The office is in the West End of London just off Marylebone High Street and north of Oxford Street and is located within walking distance of the following tube stations: Marylebone , Marble Arch , Baker Street , Bond Street , Oxford Circus , Great Portland Street , Regents Park , Euston and Kings Cross. Please contact me at: Guy Clapham & Co solicitors 51 - 55 Weymouth Street Marylebone London W1G 8NH DX: 83300 WEST END 2 Tel: 020 7935 1095 Fax: 020 7935 9127 E-Mail: andrew@guyclapham.com Website: www.guyclapham.com

Wednesday 30 January 2013



Normally employers have been required to use "objective" selection criteria to ascertain which employees are selected for redundancy. This involved a selection criteria where scores or assessments were made against all the employees that potentially were subject to redundancy in order to select which employees were made redundant. However, in a recent judgement by Lord Neuberger (the country's most senior judge) this position may have changed. 
Lord Neuberger sitting in the Employment Appeal Tribunal decided in the case of Mitchells of Lancaster (Brewers) -v- Tattersall [2012] UKEAT/0605/11 that a "subjective criteria" could be used in certain circumstances. 

In this particular case, the decision related to a relatively small company in serious financial difficulties, where the board decided to make one redundancy out of 5 people in its management team. It was decided the selection criteria would be "whose post could be abolished with the minimum detrimental impact on the business". Clearly this is a subjective view that the directors would have to take rather than the traditional objective method where a scoring system based on a matrix or assessment is used. Lord Neuberger stated, "It is hard to see how it can be inappropriate for a relatively small company in serious financial difficulties.... to apply this criteria...". 

Only time will tell how this decision will be applied in due course, but it appears that a change in approach has occurred.

If you require any advice with regard to employment matters, employment contracts, redundancy, unfair dismissal, wrongful dismissal or a compromise agreement please do not hesitate to contact Andrew Veitch who may be  willing to initially discuss (for free) whether or not he will be  to assist or advise you further. 

This blog provides basic general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. By the very nature of a blog the information published in blog posts on this site may be out of date. Therefore this blog is subject to our following disclaimer and conditions of use: Where no personal consultation has taken place with Andrew Veitch or the partners or employees of Guy Clapham & Co under no circumstances will Andrew Veitch or the partners of Guy Clapham & Co be responsible for (1) any information contained in, omitted or received from this site, (2) any persons reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided (4)


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