Set out clear and concise criteria before making redundancies


A recent decision in the Employment Appeal Tribunal has served as a reminder to make sure redundancy selection criteria are clear and concise so as to avoid unfair dismissal claims in the future.

Employment Law – Unfair Dismissal and Redundancy issues

In the case of Dabson v David Cover & Sons, the claimant was one of 22 staff made redundant following a formal selection process. But Mr Dabson claimed unfair dismissal after his skills were scored differently in two very similar categories.

But the Employment Appeal Tribunal found that the consultation had been appropriate and that it was entirely unnecessary for it to be asked to review the marks awarded in a redundancy exercise unless under exceptional circumstances.

Although the claim for unfair dismissal was rejected, employers are advised to ensure that their selection criteria are fair and reasonable. By making sure that headings are clear and do not cross over into other areas they can hopefully prevent having to defend a similar claim in the future.

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