To continue reading please register or login to your OHW+ account.
Employers that fail to get the redundancy selection process right are leaving themselves open to costly employment tribunal claims. Employment lawyer Clare McNicholas explains the key steps needed to ensure redundancy is seen as fair.
When carrying out a redundancy exercise, getting your selection process right is key. Purely procedural failings in redundancy dismissals are rarely worth pursuing by an employee because if the employment tribunal concludes that the failure made no difference to the end result, the compensation awarded will be very limited. A failure in selection, however, is a different thing – this might mean the “wrong” person was dismissed and that could generate a substantial claim for loss of earnings.
Here are the key points HR should consider when drawing up and applying redundancy selection criteria.
Ensure redundancy selection criteria are so far as practicable objective and job-related
Employers should use appropriate objective and non-discriminatory selection criteria. For example, if one of the selection criteria is attendance, it should ensure that it discounts any pregnancy or maternity-related absences during the protected period.