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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50156
Experience:  Qualified Solicitor
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I have recently been through a selection process in a local

Customer Question

I have recently been through a selection process in a local government position for my post (Admin Asst, Newcastle City Council) as redundancies had to be made due to the budget cuts. I was fortunately successful but was off having an operation during the latter stages of the consultation period and was therefore not involved or able to participate. Those candidates not successful were informed of their rank and order from the process used so that they might challenge it. Those who are successful are not going to be shown their rank and order in the selection process. This worries me because, how do we know all the other scores and ranks were carried out/worked out correctly (not a fair and transparent process)? We don't, and we have no way of checking as we aren't going to be shown our scores. We already know that 2 of the staff informed that they "fell off the bottom of the required criteria" (meaning they were going to be made redundant) ended up not being made redundant as their scores were incorrect but then 2 others were informed that in actual fact they scored lowest and were to lose their jobs. So its been a mess from the start (they also tried to carry out the selection process concurrently with the consultation period) so everyone has been massively confused about what the process started, when consultation ended etc etc. I have asked for my own rank and score (not that of anyone else) under the Freedom of Information Act as it is information they have gleamed from data about me. However I have yet been unsuccessful in obtaining the information I believe I should be able to review, especially in the light of difficulties in sickness scoring (which I fall into as I have disabilities and therefore get certain sickness discounted from the process) and the problems with other peoples scores and due to the fact that I want to know what info they have used to assess me and how I fair against my colleagues. We will be going through the same process next year so it is imperative I know where I stand now and make sure that scores worked out for me are correct and accurate (which I currently cannot do) in case they go against me next time.
Your help and comments with my rights and what I can do in this situation would be appreciated.
Many Thanks.
Ms Rebecca A Neale
Submitted: 5 years ago.
Category: Law
Expert:  Ben Jones replied 5 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long have you worked there for?
Customer: replied 5 years ago.
I have worked in the council since June 2002.
Expert:  Ben Jones replied 5 years ago.
Good morning, as part of the consultation process an employee has the right to be told details of their scores and also how they were arrived at. There was actually a case recently which confirmed this (Pinewood Repro Ltd (t/a County Print) v Page) and it stated hat if an employer failed to give the employee an explanation of why he received lower scores than two other people could make the whole dismissal unfair.

There is also a general duty for the employer to provide you with an opportunity to comment on the basis for selection, both in terms of the pool and the selection criteria. This is part of the consultation process in ensuring the employer has conducted this properly and fairly.

If you were off sick during the consultation period that does not mean the employer can just ignore their duty to consult with you and this still needs to take place in some way, for example via letters, telephone, email or by seeing you at home. failure to consult can also make the dismissal unfair.

You can also try and get your scores under the Data Protection Act by making a subject access request and requesting any personal information the employer holds about you. 

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you