Redundancy - Unite the Union

n SELECTION FOR REDUNDANCY
The criteria used by an employer to select employees for redundancy must be
both reasonable and fairly applied.
When faced with a potential redundancy situation or an employer wishing to
renegotiate an existing redundancy policy, the workplace representative should
make clear that the method of selection is ultimately the responsibility of the
employer. The union policy in such matters is to oppose redundancies wherever
possible and particularly any attempt to introduce compulsion. Previous advice
to workplace representatives has been that if compulsion was introduced by the
employer then the only criteria which could meet the test of objectivity was one
based on service, normally ‘last in first out’ (LIFO). Under Age Discrimination
Legislation, which came into effect on 1st October 2006, such an approach
might be unlawful unless a business reason can be established to justify this
method of selection. Where the union's members have given an unambiguous
mandate, (ideally by workplace ballot of which a written record has been kept),
for the LIFO criteria to be pursued, the workplace representative may seek to
have the criteria used. If, as is likely, the employer resists such a criterion, the
workplace representative should endeavour to secure other objective criteria
(i.e. criteria which are capable of being measured by existing evidence), but
make clear that the final selection criteria is the employer's decision and reserve
the right to challenge it through an appeal process both internally and
externally, (i.e. Employment Tribunal, subject to legal advice)
As far as possible an employer should seek to establish criteria for selection
which do not depend solely upon the opinion of the person making the
selection but can be objectively checked against such things as disciplinary
record, experience and efficiency at the job. Subjective judgements may form
part of the assessment, but criteria such as ‘attitude’ are more likely to be
regarded as unfair. It is not acceptable for selection to be based on the personal
opinion of the person making the selection.
Employers need to show that in selecting a particular employee they had
compared him or her in relation to the selection criteria with those others who
might have been made redundant. Any selected employee should be consulted
(see Individual consultation on page 12).
The setting of criteria should not be left solely to the employer. Wherever
possible, the union should be consulted during the process to determine the
selection criteria. It should, however, be noted that the courts have ruled that it
is not necessarily unfair to use criteria not agreed by a trade union, as long as
the selection criteria are reasonable.
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