This page follows on from our Redundancy Advice page and provides some details on an employee’s right to a fair selection in a redundancy process.
In some redundancy situations, selection for redundancy will not take place because all of the affected employees are made redundant. This might happen where a business closes down entirely. However, where there is to be selection for redundancy, employees are entitled to have a fair selection process implemented. To achieve this, an employer needs to identify a fair pool from which the redundant employees will be selected, adopt fair selection criteria, apply them fairly, and then consider alternative employment within the business or within a group of companies. If the employer fails to do this, he could be vulnerable to a finding of unfair dismissal.
Adopting a fair selection criteria is important. The factors taken into account by an employer must be objective and not subjective. It used to be “Last In First Out” but that is rarely used now. You will usually be given a selection matrix which sets out factual, objective criteria but may well include issues of performance such as:
- Quantity of work (sales made/targets hit etc)
- Quality of work (corrections required/complaints etc)
- Flexibility/Future potential
- Length of service
- Disciplinary records