Can we select the newest workers for redundancy on this basis?

Yes – but with caution. This is known as a ‘last in first out’ basis and is only valid when objectively justified. If it disproportionally affects a particular group of the workforce, such as young workers or women, it is likely to be judged as discriminatory.

It can also cause trouble if you make some new recruits redundant and not others, unless there were additional criteria used to select them that justifies the difference in treatment. For instance, you could choose to keep some new recruits on the basis that they have completed a training programme and let go of the ones who haven’t.