Traditionally, a "last in, first out" (LIFO) criterion
for redundancies has been regarded as the fairest and most
objective method of worker selection. However, with the
introduction of the Employment Equality (Age) Regulations 2006, the
practice of using the LIFO principle may not be as straightforward
as it once was.
LIFO has a tendency to work against younger workers, as they are
often the ones likely to have served with the company for the
shortest time. While this is an unintended consequence of the
policy, employees who find themselves made redundant due to LIFO
selection may be able to make claim against their employer for
indirect discrimination on grounds of age.
Whether such a claim would prove successful is by no means
clear-cut. Under the regulations, discrimination on the grounds of
age is unlawful unless there is an objective justification for it:
that is, it is only permissible where an employer can show that it
is a proportionate means of achieving
