In our previous feature, we mentioned the need for employers to adopt a fair selection process when effecting redundancies, i.e. via the use of a robust selection matrix, consisting of several criteria which are consistently applied to each employee in the pool.
Any measure which puts those with a particular protected characteristic at a disadvantage (e.g. sex, age, disability) can lead to an unlawful discrimination claim if not adjusted to remove such impact. A common example is the use of absence data, which can have a disproportionate impact on employees whose absence is related to a disability. In such cases, the employer would be well-advised to disregard any such disability-related absence. Failure to do so may give rise to an unlawful discrimination claim, for which the financial awards are uncapped. Similarly, any absence which is related to pregnancy or maternity should also be disregarded.
The application of a fair and non-discriminatory redundancy selection process is an area in which employers commonly fall down…
To avoid this, we advise seeking specialist guidance with these tricky aspects of redundancy by speaking directly to any of our consultants, who can provide training, template documents and on-site support as required.
For assistance with fairly selecting employees for redundancy, please view the attached Sample Redundancy Selection Matrix and stay tuned for our next feature in which we’ll be looking at the issue of “Bumping” in a redundancy process.