We take seriously our responsibility to keep you up to date so that you can use changes in employment law to commercial advantage. By understanding and interpreting the latest case law and legislation we can deliver updates to you that are concise and usable. With imagination, we are able to ensure that developing law can be used to allow you to achieve commercial solutions, cost effectively and expediently.
Once you have your pool of employees at risk of redundancy, you’ll need to decide your criteria for selecting which employee(s) remain at risk.
Fairness, objectivity, and consistency are the backbone of a lawful selection process. Here’s what you need to know:
Objective, measurable selection criteria – if not, it’s likely to result in an unfair dismissal. Ensure that you consult on the selection criteria that you’d like to use so that each individual has the opportunity to have their say before scoring starts. Click here for our suggested selection criteria.
Avoid discriminatory selection criteria – if it’s based on length of service, absence or flexibility, it could be considered discriminatory based on age, disability or sex respectively. Ensure that you make adjustments so that the criteria do not prejudice those with protected characteristics, or avoid using them entirely.
Fair scoring – ensure that your selection criteria feature on a scoring matrix with clear parameters. Ideally, ensure that any score is justified with evidence as to why it has been awarded.
Verification of manager scores – ensure a manager with the ability to find evidence or measure the individual against the selection criteria carries out the initial scoring. Get another manager to verify their scores (preferably one with knowledge of the employee).
Consult about scores – individuals have the right to know their scores, as well as being given evidence supporting the scores and the breakpoint they had to achieve to avoid redundancy. They can challenge their scores, possibly resulting in re-scoring if there is merit to their objections.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.