Redundancy selection criteria

Second guessing employers actions

A long established principle running through much of English employment law is the principle that it is not an Employment Tribunal’s role to second guess the actions of an employer as long as those actions generally satisfy reasonableness and procedural norms.

This principle has again been reaffirmed in a recent Employment Appeal Tribunal case, in the context of redundancy. Many employers will know that as one factor and method of acting reasonably and fairly in a prospective redundancy situation, a point scoring system can be seen as an effective and objective tool for selection.

In the case in question the Tribunal found that the scoring system in  a redundancy selection process should only be investigated in exceptional circumstances, such as bias or obvious mistake. In effect, the Claimant in this case argued that there was a degree of subjectivity in the scoring system at his former workplace and that there had been no bias or obvious mistake.

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