Employment Law Explained

Daily Archives: 25/07/2012

Redundancy Scoring: An Uphill Struggle for Employees?

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How should an employer select which employees to make redundant? Unless a unique role is being removed from the business structure there needs to be a criteria in place to choose the unlucky people to be sent to the departure lounge.

Ideally that selection criteria should be objective and non-discriminatory as possible, although previous case law (Mitchells of Lancaster (Brewers)Ltd v Tattersall) has held that using non-objective criteria is not fatal to a redundancy selection exercise, provided the criteria is used fairly. However, problems can arise where the criteria itself is not in dispute.