Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
How long have you worked there for? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks
Many thanks for your patience. There is no legal requirement for the employer to disclose the criteria weighting, as long as it has been agreed with the union. For example, the union can negotiate these details with the employer and come to an agreement, which will bind the workforce, but they won’t necessarily have to disclose the specific details and can just state that it is fair and they would not have agreed it otherwise. Still, most unions will be transparent with their members and you should push for that too.
As to the management aspect of the role it does not automatically mean that if that is not part of the selection criteria that it would be unfair. Of course, it is something you can argue for but again, it will not be a legal requirement for it to be included.
Does this answer your query?
No direct legal obligation as such, in a sense that no law states ‘scoring criteria and/or weightings must be disclosed’. However, if that removes the transparency in the selection process and there are also concerns about how it has been applied, it can potentially make for an unfair redundancy process, which can be challenged. But it is not a case of arguing that they have breached any specific legal obligations, rather than the overall process has likely been unfair based on how it was handled.
If you are successful in challenging the savouring and that changes your scores in a way where you score better than the other individual, you could indeed potentially overturn their decision. In terms of applying for other roles, your employer has a duty to offer you whatever suitable alternative employment exists at the time, with the view of avoiding having to make you redundant. That does not guarantee you any specific job and the right is only to be offered the opportunity to apply for it, rather than a right to be automatically slotted into any vacancies. So what you have proposed is potentially possible unless the employer does not see this as a vacancy because it has already been allocated to the other person by default, because they were the one avoiding redundancy
Yes, this is all relevant evidence which you can use to build a case. Nothing automatically guarantees this was an unfair dismissal, but altogether you can paint a picture of how the employer approached this process and that there are some subtle and other, not so subtle, factors which point at this being potentially unfair.
You can challenge, in a sense that you could still raise your concerns about it, it but not on any specific legal grounds to be honest. This is not unlawful in any way – in the end, it is up to the employer to decide what criteria to use and what weighting to attribute to the individual elements of the scoring system.