Redundancy

4. Choosing the People

You have wide scope to choose whatever selection criteria suits your business needs. Your choice will not be challenged by an employment tribunal unless it is unreasonable or discriminatory. But you must be able to show the criteria were applied fairly and consistently.

4.1 One common, traditional approach is LIFO (last in, first out).

• If no other criteria are published, LIFO will usually apply.

4.2 Selection could be based on skill levels, experience or attendance records.

4.3 Selection could be based on performance, but only if objective measures exist (perhaps through an existing appraisal system).

4.4 Selection must not be based on discrimination by gender, age, race, disability, gender reassignment, marital or civil partnership status, pregnancy or recent childbirth, sexual orientation, religion, philosophical belief, membership or non-membership of a trade union, or employment status.

• Do not make someone who is away on maternity leave redundant. Involve the woman in the consultations and reassess matters on her return. You have a legal obligation to offer any available alternative work to those on maternity leave.

4.5 It is illegal to single a person out for redundancy because of participation in activities as an employee representative. These activities might include:

• Acting as an I&C representative.
• Acting as a safety representative or safety committee member.
• Acting as a trustee of a pension scheme.
• Acting as a union representative (or as an employee-elected representative in redundancy consultations).