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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.

Visit our 2022 benchmarking survey on redundancy experiences and expectations to find out how many redundancies employers made last year, and their expectations for redundancies this year. Read analysis of the survey results at Labour turnover rates: XpertHR survey 2022. The survey is based on responses from 177 organisations with a combined workforce of 215,171 employees.

Stephen Simpson, principal employment law editor

New and updated

  • Type:
    Employment law manual

    Redundancy

    Updated to include information on the Government’s consultation on public-sector exit pay approval and public-sector exit pay repayment.

  • Type:
    How to

    How to choose and apply redundancy selection criteria

    Updated to highlight risks associated with the use of automated decision-making in redundancy selection.

  • Date:
    14 April 2022
    Type:
    Law reports

    Sex discrimination: Dismissal of part-time working mother was discriminatory and unfair

    In Long v British Gas Trading Ltd, an employment tribunal held that the selection for redundancy of a part-time employee who was the mother of young children was sex discrimination, less favourable treatment because of part-time working and an unfair dismissal.

  • Date:
    2 February 2021
    Type:
    Podcasts and webinars

    Podcast: Tricky redundancy selection issues

    Employment lawyer Luke Bowery guides you through some common tricky issues in redundancy selection exercises, including those involving furloughed employees, competitive interview processes and disability discrimination.

  • 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:
    Policies and documents

    Redundancy selection matrix

    A model redundancy selection matrix to carry out a scoring exercise for employees in a redundancy pool and make a provisional selection for redundancy on the basis of the lowest scores.

  • 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.

About this topic

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

Redundancy selection crieria: key resources

Redundancy pay calculator

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