How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50165
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I am currently on garden leave after a process of consultation

This answer was rated:

I am currently on garden leave after a process of consultation an interview and presentation was then required in order for selection for the one remaining job , myself and the other candidate both scored equal marks by a panel of 3 people.

it was then decided that our manager would then score us alone based only on 8 months of my 16 years service as he had only been in the job 8 months.

the initial scoring albeit equal , I did score above the other candidate on 3 occasions as opposed to his 2 , why would they not of used this criteria as it would not of been able to of been challenged as the second part of the process is clearly being challenged.


Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. So t clarify the manager's opinion was just used as a 'tie break' as you were all equal following the initial scoring process?

Customer: Yes
Customer: Yes but with similar criteria competencys of which some with lower score than the original score given by manager
Ben Jones :

When an employer scores employees in a redundancy exercise they choose the scoring criteria that would apply. An employment tribunal cannot substitute its view fort that of the employer meaning that whatever criteria the employer used the tribunal would have to accept, although they can challenge how they were applied and whether that was done fairly.


The general requirement in such situations is that the criteria must be fair and objective, rather than just based on a person’s own opinion, which will be subjective. So even though the employer may ask a manager to score its employees, when they arrive at the scores they should do so based on objective evidence, something that a third party can refer to in order to see why the scores were issued as they were. For example, it could be appraisal records, training records, anything else that shows why the employee’s score as lower than others. It should not just be based on the manager’s own opinion because that would be too subjective.


If you disagree with the scoring criteria then you only have the following options:

  • Discuss the scoring in any consultation meetings you may still have upcoming with the employer

  • If the redundancy is confirmed – exercise your right to appeal the dismissal

  • If the appeal is rejected and the dismissal stands – make a claim for unfair dismissal in the employment tribunal


Hope this clarifies your position?

Customer: Thank you ben
Customer: Ben the first set of competency criteria where 3 were on the panel I scored 3
Customer: Ben on the first competency based criteria where there wer three people on the panel and scores were level I scored ahead of the other candidate on three occasions out of five
Customer: Why would they not of used that as a fairer way of deciding ? Also if going to an industrial tribunal is the option would my initial redundancy package still be paid out prior to the tribunal .?
Ben Jones :

They cannot use the same criteria if the initial result was a tie. The scores for that part of the selection criteria were completed and you all scored equally. It would then be down to the employer to decide how to continue the scoring to give them an option of selecting who is to be made redundant, so they could have applied additional scoring criteria to decide that.

If you were to go to the tribunal you would still retain the redundancy which you would have been paid on leaving. You would then be seeking additional compensation for the loss of earnings incurred as a result of being potentially dismissed unfairly.

Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer: Hello Ben yes you have been very helpful , thank you
Customer: please close the call and I will rate you
Customer: Just in case i can't rate you and you need to do it manually
Customer: excellent service
Customer: thank you
Ben Jones :

Many thanks, ***** ***** best

Ben Jones and other Employment Law Specialists are ready to help you