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Redundancy selection criteria

Stephen SimpsonEditor's message: Where there is a pool of potentially redundant employees, the criteria that employers use to select employees for redundancy is critical. Employers should draw up fair, relevant, transparent and non-discriminatory selection criteria. The criteria should be objective and avoid being based solely on personal opinion.

Redundancy selection criteria that employers commonly use are: measurable levels of skills and competencies; assessments of past performance; and disciplinary record.

Employers need to be acutely aware of the dangers of including potentially discriminatory redundancy selection criteria. While employees' attendance record can be used as one of the measurements, employers must take into account the reason for absences. A failure to discount absences related to, for example, disability or pregnancy is likely to be discriminatory.

Stephen Simpson, principal employment law editor

New and updated

  • Type:
    Employment law manual

    Redundancy

    Updated to include information on the public-sector exit payment cap, which comes into force on 4 November 2020.

  • Date:
    11 September 2020
    Type:
    Podcasts and webinars

    Webinar: Redundancy - legal and practical complexities

    Max Winthrop, partner and head of the employment law team at Short, Richardson & Forth, navigates you through the common tricky issues when making redundancies.

  • Type:
    How to

    How to carry out redundancies when employees have been furloughed

    Updated to refer to new Regulations providing that the calculation of a week's pay for the purpose of statutory notice pay and statutory redundancy pay should be based on the employees' normal full pay, not reduced furlough pay.

  • Type:
    Policies and documents

    Redundancy selection matrix

    Overhauled to provide a more comprehensive redundancy selection matrix in view of the increasing need to consider redundancies due to the coronavirus (COVID-19) pandemic.

  • Date:
    5 January 2020
    Type:
    Survey analysis

    Managing redundancy: 2020 survey

    Our survey on redundancy and subsequent management of the process covers reasons for redundancy, selection criteria and levels of compensation provided.

  • Date:
    6 July 2015
    Type:
    Survey analysis

    Redundancy policies and procedures: the 2015 XpertHR survey

    The second part of XpertHR research into redundancy explores how employers manage the process, including what selection criteria is used and what compensation is paid to those who are made redundant, as well as any alternative measures employers use to avoid redundancy.

  • Date:
    27 November 2014
    Type:
    Law reports

    Redundancy selection: employer's approach to disability-related absences

    In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) tackled the thorny issue of applying sickness absence criteria in redundancy selection to disabled employees at risk of redundancy.

  • Date:
    1 September 2013
    Type:
    Law reports

    Case round-up

    Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.

  • Date:
    1 May 2013
    Type:
    Law reports

    Case round-up

    David Malamatenios is a partner and Colin Makin, Linda Quinn, Krishna Santra and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.

  • Date:
    1 April 2013
    Type:
    Law reports

    Case round-up

    Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.

About this topic

HR and legal information and guidance relating to redundancy selection criteria.

Redundancy pay calculator

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Redundancy selection crieria: key resources