Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
The main issue is that the selection criteria are entirely up to the employer – what matters is whether they are applied fairly and objectively. There is for example no requirement for length of service or absences to be included and again that is entirely at the employer’s discretion. I have also seen numerous times specific criteria being chosen which if looked at in detail can be detrimental to certain employee(s) but that is very hard to challenge if the scores have been applied fairly considering what the criteria actually are.
I would still say that you should use the consultation period to raise any issues and concerns you may have about this, the selection criteria, their scores or anything else about the overall process.
If you are still made redundant you can then consider an appeal directly with the employer, after which your only option is an unfair dismissal claim in the Employment Tribunal.
Does this answer your query?
Put it that way – selections can and have been manipulated, it’s how good they are at hiding it. A union can certainly help but it depends on who you are working with too
Does this clarify things a bit more for you?
You are most welcome