In what circumstances, if any, can Last In First Out (LIFO) be justified as a redundancy selection criterion?

Posted in : First Tuesday Q&A NI on 6 March 2012
Emma-Jane Flannery
Arthur Cox

Last in first out (“LIFO”) used to be seen as a common and popular method of redundancy selection. However, in recent years following the introduction of the Employment Equality (Age) Regulations (Northern Ireland) 2006, it has fallen from favour as a dominant criterion. LIFO in certain circumstances could be construed as likely to be indirectly discriminatory against younger employees (who tend to have shorter length of service).

In addition, LIFO may also amount to indirect sex discrimination (as women typically have more breaks in their careers and thus shorter service). Peculiar to

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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