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Redundancy series update #8 – fair selection criteria

Posted on: September 7th, 2020 by Ginny Hallam

Once you have your pool of ‘at risk’ employees, you’ll need to decide your criteria for selecting employees from that pool.

Fairness, objectivity, and consistency are the backbone of a lawful selection process. Here are our thoughts:

Objective, measurable selection criteria – selection criteria that isn’t objective or measurable is likely to result in an unfair dismissal. If you’d like to know how to access our suggested selection criteria, click here. 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.

Avoid discriminatory selection criteria – criteria based on length of service, absence or flexibility could be considered discriminatory on the grounds of 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 as to the score that will be awarded. 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. Their scores should be verified by another manager or their manager with knowledge of the employee to ensure that the scoring matrix has been applied fairly and consistently.

Consult about scores – individuals have the right to hear the scores that they have been given, the evidence as to why the score was awarded and the break point they had to achieve to avoid redundancy. They have the right to challenge the scores possibly resulting in re-scoring if there is merit to their objections.

If you’re concerned that you don’t have good enough people processes currently in place to be able to identify objective, measurable selection criteria, get in touch for advice on how to develop those processes. In update #9 of this series, we’re looking at suitable alternative employment. 

This update is accurate on the date it was sent (08 September 2020), 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.