Fair Redundancy Selection and Exploring Alternatives to Dismissal

  • Uncategorized
  • 21st Sep 2025

Fair Selection Employers must apply redundancy selection criteria that are objective, measurable, and non-discriminatory. Common fair criteria include: Attendance records (excluding disability or maternity absences) Efficiency or performance records Experience or skills Length of service Employers should use scoring systems and panels to ensure decisions are consistent and transparent. Detailed records must be kept to […]

By Amy Jefferson

mlplaw
Fair Redundancy Selection and Exploring Alternatives to Compulsory Dismissal

Fair Selection

Employers must apply redundancy selection criteria that are objective, measurable, and non-discriminatory.

Common fair criteria include:

  • Attendance records (excluding disability or maternity absences)
  • Efficiency or performance records
  • Experience or skills
  • Length of service

Employers should use scoring systems and panels to ensure decisions are consistent and transparent. Detailed records must be kept to defend the process if challenged.

Tribunals will check that the criteria fall within the range of reasonable responses. Arbitrary decisions or subjective judgements may be ruled unfair.

Exploring Alternatives

Employers must also consider alternatives to redundancy. Options include:

  • Redeployment to other roles within the business
  • Voluntary redundancy with enhanced payments
  • Reducing hours or changing working patterns
  • “Bumping”, where another employee is displaced to create a vacancy

Employees should be consulted on these options and given the chance to express their views.

Conclusion

Redundancy should be the last resort. By using fair criteria and considering alternatives, employers show that they have taken all reasonable steps before deciding on compulsory dismissal.

About the expert

Amy Jefferson - Paralegal - Employment Law

Amy Jefferson

Paralegal - Employment Law

Following the completion of her undergraduate degree in Law, Amy started her legal career at a trade union law firm based in Sheffield in September 2022.

Amy’s interest in legal practice began following a series of trips to the Manchester Crown Court public gallery with her Grandad. What started as a few day trips sparked a real interest in legal practice and a few years later she undertook work experience with a high street firm in Bramhall specialising in employment law.

This area was further explored during university by studying an elective module in employment law and completing a part time work placement in employment law alongside studies in her final year. After university, looking to explore her options she began working in personal injury. However, quickly missing the pace and range of employment law, she returned to the area and has found the work to be meaningful and rewarding.

In her spare time, Amy likes to attend live music events and go for walks in the Peak District.

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