Selection for redundancy
Employers must follow a fair selection procedure to select an employee for redundancy, both in the choice of selection criteria and how they are applied. A variety of criteria may be used such as: disciplinary record; relevant skills; adaptability; profitability; or time-keeping.
Should an mployer choose criteria such as attendance, they should not take account of any absences that relate to a persons disability or which occur as a result of maternity leave. If they fail to do so, any dismissal could be give rise to claims of sex or disability discrimination.
In addition to ensuring that selection is based upon accurate records, employers must ensure that criteria applied is both objective and consistent.