Top tips on redundancy selection
When there is a reduced need for a certain type of work, a redundancy situation can happen. In these types of redundancy situations, the employer may have to choose who is at risk of losing their job from a larger group of employees doing the affected work.
To avoid any legal claims, employers need to make sure they choose fairly. Here are some tips for fair selection:
Employers have flexibility in deciding which group of employees to choose from for redundancy. As long as the employer's choice is reasonable, tribunals won't usually question it.
Before applying the proposed pools and selection criteria, employers should discuss them with the at-risk employees. Employers should consider any comments from employees, but they don't have to make any changes based on those comments.
Proposed selection criteria should be objective and measurable whenever possible. Using criteria based on personal opinion can lead to accusations of bias and discrimination, increasing the risk of legal claims.
However, it's possible to use a mix of objective and subjective criteria. For subjective criteria, the business should clearly define the parameters for scores and have two separate managers score against them. The average of the two scores should be used. This makes it harder for employees to argue that their score is unfair or biased.
Employers should consider factors like attendance and make allowances for employees with sickness linked to disability or pregnancy.
Before making a final decision about redundancy, employers should provide employees with their scores and give them a chance to challenge their selection. This allows any mistakes to be identified and is an important part of fair consultation.
Contact Oliver to discuss this further.
