Employment: Redundancy selection criteria in the spotlight

In Slingsby v. Griffin Smith Solicitors the employee was selected for redundancy.  Even though he would have been dismissed in any event, his dismissal was unfair on procedural grounds, including a failure to consult with him on the drawing up of the selection criteria.

This case serves as a useful reminder to employers that redundancy consultation must be meaningful if an employer is to avoid a finding of unfair dismissal.  What is needed to make the consultation meaningful will depend on what is reasonable in the circumstances.  Employees must be able to understand why they have been selected for redundancy, and be given the opportunity to challenge their selection.  This will mean giving them details of the redundancy selection criteria and how they have scored against it.  In some circumstances, as in this case, it may also be reasonable for employees to be consulted on the drawing up of the selection criteria.   However, this will very much depend on the facts of each case.

For more information please contact Nicole Hallegua at nicole.hallegua@blplaw.com.