Redundancy - Unfair Procedure - No Change to Selection
by Liam
The recent decision in Davies v Farnborough College of Technology illustrates the importance for employees bringing an unfair dismissal claim alleging an unfair selection procedure, to consider what difference the unfair selection procedure has made. In order to get a financial award of any value, the unfair procedure must affect the outcome of the redundancy process.
In Davies, Mr Davies was scored at 25%. The other employees in the pool were scored at over 43% and over 50%. Where scores are this far apart, it is difficult to argue that an unfair selection procedure has changed the outcome. Accordingly, although the dismissal was unfair, no compensatory award was made.
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My employer is planning to make 11 redundancies. Volunteers are requested in the first instance. If over subscribed they plan to choose the 11 “least expensive” to go. They have also stated that certain people within the business will not be pemitted to aplly for voluntary redundancy thus the likleyhood of compulsary will be increased. Is this legal?
Peter Rae said at January 23rd, 2008 at 11:00 am
Employers do, in appropriate circumstances, have the right to reject applications for voluntary redundancy. If you think you are being treated unfairly, please give me a call on 0870 350 5805.
Liam Pike
Solicitor
Liam said at February 15th, 2008 at 8:47 am