If you’re going through a redundancy process, you’ll be doing everything you can to ensure that the process is fair and that you’re supporting individuals at risk so far as possible.
Sometimes, an interview process to identify those that remain at risk of redundancy might seem fairer than what can feel like an artificial scoring process. But is that the view of the tribunals?
A recent Employment Appeal Tribunal decision has confirmed as follows:
- Generally, where you have individuals doing the same or a similar role and fewer individuals are required, a fair and objective scoring process is the accepted way to determine who remains at risk. That scoring can be structured around the role to identify appropriately who is the best individual(s) to remain in the post(s). Clearly that scoring needs to be capable of verification wherever possible.
- When looking to the future if you’ve identified a role that might be suitable for two or more individuals who remain at risk of redundancy, an interview process may be used as one way of selecting fairly. The interview process can be designed to assess whether the individuals would be suitable for the role. It was thought that scoring individuals in respect of a new role that they haven’t done before would be challenging due to a lack of evidence of the individuals’ ability to do the new role.
It’s important to note that there is flexibility in the approach you take in either scenario so early advice to identify the appropriate process is crucial. Not only do you need to ensure that you select appropriately but ensure that the remainder of the process is fair and lawful.
If you’re considering redundancies, or need help determining how you’re going to select between individuals, we’ve got a range of flexible, straight-talking solutions to support you. Here’s our individual and collective consultation packages, or get in touch to discuss in more detail.