Redundancy Criteria – Is Your Redundancy Fair?

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Redundancy Criteria
LLM, LPC & LLB (Hons) Private: Shereen Murphy
Legally reviewed by: LLM, LPC & LLB (Hons) Private: Shereen Murphy
We are not currently offering Employment advice services. The following is for informational purposes only.

Employers should assure that when making compulsory redundancies they are selecting employees fairly and without discrimination. When selecting which employees to make redundant it is important for an employer to comply with the relevant law. If you feel your employer has selected you for redundancy using unfair redundancy criteria our expert employment law solicitors can help you to make a claim.

When it comes to redundancy, your employer should always assure proper consultation to keep the process fair. Additionally, where there is a trade union, the employer should consult the union before they take any action. During the meeting with the trade union, your employer will decide on the redundancy criteria. Your employer should also provide an appeals procedure to clearly communicate to the employees concerned.

Identifying a Selection Pool

Although a business may lose a specific job role, the pool should not just restrict those currently in the role. Instead, it should include all employees capable of doing that work, for example, those doing the same or similar roles. This will normally include employees carrying out the same kind of jobs in other parts of the business and those who work a different shift pattern. Sometimes, this will also include workers at other sites. However, this will depend on the terms in your contract of employment and your past working patterns.

It is also worth noting that if a business shuts and there are no other sites to consider then there is no need for an employer to select a pool for redundancy.

Selection Criteria

The criteria used should be appropriate for the circumstances. There is no requirement that can only be valid if they can be scored or assessed in a ‘box-ticking’ exercise. Therefore, the criteria is bound to involve a degree of judgment, however, this does not mean that they cannot be assessed in an objective way.

Fair Redundancy Selection Criteria

The person who carries out the assessments on employees must be someone with direct knowledge of the employee’s work and written records of the process kept. When an employer is selecting employees to be made redundant, fair criteria to include are the:

  • skills, qualifications, and aptitude of the employees
  • standard of work
  • employee’s performance at work
  • attendance records
  • disciplinary record
  • Length of service (although this will need to be justifiable by your employer as it could lead to indirect discrimination likely due to age if it affects one group of people more than another).

Unfair Redundancy Selection Criteria

You may feel like the selection criteria for your redundancy is unfair. Your employer must not select you for redundancy for any of the below reasons:

  • Pregnancy, including all reasons relating to maternity
  • Family, including parental leave, paternity leave (birth adoption), adoption leave, or time off for dependants
  • acting as an employee representative
  • acting as a trade union representative
  • joining or not joining a trade union
  • being a part-time or fixed-term employee
  • age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation
  • pay and working hours, including the Working Time Regulations, annual leave, and the National Minimum Wage

For a dismissal to be fair, it is essential that you are provided sufficient information from your employer so you can challenge his or her selection for redundancy.

How our Employment Solicitors Can Help with Your Redundancy

Being at risk of redundancy or being made redundant can be an isolating experience. Whether you’re at risk of redundancy, or you’ve been selected, our employment lawyers can help. We can assure you of your redundancy rights and ensure you are being treated fairly. If your redundancy is unfair, you may also be able to make a discrimination claim or claim for unfair dismissal under the Equality Act.

Our redundancy solicitors will sit down with you and discuss the facts of your case to establish your chances of success. We can help estimate any compensation you could be entitled to. Our solicitors will help you start the process as soon as you are ready.

Redundancy can often run smoothly, however, if your employer made you redundant for the wrong reasons or handled your redundancy in an inappropriate way, we want to help you.

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