by Laurie Anstis on April 15, 2013
It is common practice for employers to decide which employees should be made redundant based on their scores against particular selection criteria.
Sometimes clients who haven’t done this before ask me what redundancy selection criteria they should use. I can’t make that decision for them, since developing selection criteria is essentially a business decision, best carried out by those who know what the organisation needs. The most I can do is to help my clients with that decision by attempting to understand the situation, making suggestions and helping them to think through the process.
Sometimes clients ask if there is any kind of standard or official criteria that they can use. Up to now, my answer has been no.
Last week, ACAS issued new guidance on collective redundancies (pdf). This guidance goes way beyond the narrow scope of collective consultation law, and includes, at page 34 and appendix 2, example selection criteria. So far as I know, this is the first time any official body has set out a set of selection criteria.
The criteria are straightforward:
-Attendance record (with disability and pregnancy-related absences ignored)
The criteria are scored out of five, but weighted so that the results for work performance and skills/competence are each given three times the significance of those for disciplinary record and attendance record.
The guidance has no special statutory significance, and cautions that: “The following weightings are given for illustrative purposes only. It is up to an employer to decide upon the criteria and weightings that best apply to their business. This should be done in conjunction with their employee representatives.”
Nevertheless, ACAS’s influence in employment law is such that it is not difficult to see these criteria being adopted by employers in the future – particularly those without established procedures – and perhaps even becoming seen in the future as the norm by employers.
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