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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68176
Experience:  Qualified Employment Solicitor
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Redundancy process specifically the selection criteria the

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Hi,Redundancy process specifically the selection criteria the company want to use which is below:-
• Skills and qualifications
• Geographical location
• Business needs
• Experience in working in specialist area of the business for example Mental Health and CQC KLOES.
There are 4 full time employees me being one of them and 3 part-time staff who are in the group selected and management have advised that 2 people are set for redundancy.
My issue is that the criteria is steered towards a number of my other colleagues and that I would score very low on a number of these areas. I have worked continuously for the company for 6 years 6 months, am the longest serving employee within the group and have an excellent attendance record. Management have advised that if we have any comments about the criteria we need to email before Friday.
Please could you advise if I am within my rights to point out that none of the below are being taken into account:-
Continuous employment served
Sickness/ absence record
Also, the fact I was taken on without a degree and that the work I did is still happening even though I and one other full time colleague were furloughed in April with our work load being given to the other two full time employees.
The industry I work in is supporting university students so from May-October each year the business is always quiet except since COVID the student support has continued remotely and referrals for support are still coming in.
Any advice would be very much appreciated.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not yet as only received the email yesterday
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee. Don’t belong to a union, should I join one?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

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?

Customer: replied 11 days ago.
Hi, thanks for your response, sounds like employers can cherry pick who they want to keep. Would it be worth joining a union?

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?

Customer: replied 11 days ago.
Thanks for your help. Think I will contact my employer and see there response first and then maybe come back regarding a telephone call.

You are most welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68176
Experience: Qualified Employment Solicitor
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