In a redundancy situation, how should an employer select which employees to make redundant?
When selecting employees for redundancy the employer should decide which employees to include in the pool from which selection will be made, and apply objective selection criteria to those in the pool. The decision on who to include in the pool should be based on genuine business reasons.
The employer should consult with the relevant trade union or employee representatives on the selection criteria to be used. The criteria should be measurable and should be capable of being supported by evidence, for example knowledge, skills, qualifications and disciplinary records. Assessment of the criteria should not be reliant on the subjective opinion of an individual manager.
The employer should be cautious not to choose selection criteria that could result in discrimination. For example if absence records are used, the inclusion of disability-related absence could result in a disability discrimination claim, and including maternity-related absence could result in a pregnancy and maternity discrimination claim.
The employer should ensure that the criteria are applied fairly and consistently.