Overview

Many law firms and other professional services firms practise the 'up or out' model for employee development, some more openly than others - but is it lawful?

Such a model certainly does not immediately resemble any of the potentially fair reasons for dismissal recognised by law. It is sometimes dressed up as capability - but truthfully, that does not capture it.

The bigger question may be whether this is age discrimination (for which compensation is unlimited). This briefing from Stewarts Law looks at the employment law implications of such 'up or out' policies.

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