Getting Redundancy Selection Right

As you know, in order for a redundancy to be fair, not only must there be a real redundancy situation, but a fair redundancy selection procedure must be followed. In Pinewood Repro Ltd t/a County Print v Page this month the EAT has held that a properly conducted scoring exercise to select employees for redundancy will give an employee a fair and proper opportunity to understand it fully, and an Employment Tribunal should not normally interfere with the outcome of such an exercise.

Mr Page was put into a redundancy pool with two other employees. They were scored on a matrix and he came out bottom. He challenged the process on appeal, including querying whether those awarding the scores were the best people qualified to do so, and asking for a further explanation as to how the scores had been arrived at. He was not satisfied with the answers he received and claimed unfair dismissal.

The Tribunal held that the failure to provide an explanation of the scores and the "patently challengeable" matters relied on by the assessors to mark Mr Page meant that his dismissal was procedurally and substantively unfair. The EAT reiterated established principles for a "fair consultation" as involving giving employees a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express their views on those subjects, with the employer considering those views properly and genuinely.

The EAT held that this did not necessarily mean that an employer must always provide an explanation of how an individual's score has been arrived at, but it might well include giving an employee sufficient information to enable him to challenge the scores given to him.  On the other hand, had Mr Page been able to challenge the scoring, had those comments been relayed back to  the markers, and had they then stuck by their original decision ‘it is difficult to conceive that the Tribunal would seek to interfere with that decision.’

Therefore when an employee challenges the criteria on which he or she has been selected for redundancy, it is wise to fully review the scoring and selection at the appeal stage.

   

James Carmody

RECULVER SOLICITORS