Employment Lawyers Can Answer Your Employment Law Questions
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?
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:
Hope this clarifies your position?
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?
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
Many thanks, ***** ***** best