Eversheds layoff programme ‘unfair’ to male associate

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  • There is no "damned if they do and damned if they don't" here. If it is true that there were only two employees being considered (or even if there were more), the fair approach was not to give one a maximum score - to prevent an accusation of sexual discrimination in the other direction or otherwise - but to either exclude that particular criterion or, better still, choose criteria upon which everyone involved could be assessed equally and fairly, even if they weren't present for a particular period. It's not rocket science.

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  • Generally redundancy schemes are a very difficult and complex decision-making process. I wonder could the drawing of straws been deemed unfair in any way?!?!? Sometimes arbitrary can be good... is there any law advising against such a scheme?

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  • If a law firm cannot get it right...

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  • City Gent - one of the classic traits of a lost argument is any surrounding attempt to throw up an irrelevant smokescreen: the idea being to stir up so much dust and confusion that everyone forgets how the argument began in the first place and which allows the loser to slink away into the shadows unscathed.

    Now we are expected to see Eversheds' plight as the plight of the small businessman?

    To see Eversheds as the champion of the corner shop employer?

    Give me a break.

    You lost because you were weighed, measured and found wanting - not because "the man" had it in for you.

    Infamy, infamy...they've all got it in for me" - pathetic!

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  • and pray tell me what would have happened if the man would have been on paternity leave?

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  • Melanie - I guess if John has been on paternity leave he would also have received top marks for lock-up and would not be in this position now.

    Does anyone know if the draft grounds of appeal have been sent to the EAT?

    John - I wish you all the best in your appeal.

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  • Maybe Eversheds should have made them both redundant.

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  • Im delighted for John and his result, having suffered at the hands of Eversheds myself and their weird scoring matrix that changed from office to office and where the scores were decided over 6 weeks before the decision to "put me at risk of redundancy", but that somehow a conclusion on that basis was not foregone.... I have since moved on to a great job and never looked back, but it was a terrible undermining time and very draining - I'm sure John deserves every penny of that award and I do hope that the appeal fails.

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  • I could not believe this story when I read it - it seems 'slam dunk' to me.

    Surely the most sensible (and fair) option, given that there were only 2 people for up consideration, would have been to have disregarded the "lock up" metric for the purposes of the scoring?

    Awarding maximum points to the employee on maternity leave is a bit like awarding maximum points to a football team who can't fulfil a fixture.

    Would you go to Eversheds for employment advice now?

    Deary dear me.....

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  • I would like to know if Mr. de Belin’s had a representative ( or representatives) in this action, and if so, who? Also, does anyone know what happened to the government plan to make ET decisions available online ? I thought they were going to introduce that a long time ago.

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