Management - Selection Criteria

Case law requires selection criteria to be objective where there is a choice between employees. Industrial tribunals have found subjective selection decisions, not backed up with objective evidence, to be unfair.

Fair

selection criteria include (but are not limited to):

Unfair

selection criteria include (but are not limited to):

A selection method often used is ‘last in, first out’. It does not have to be used. It is an unsatisfactory way of retaining the most competent workforce.

Selection procedures based on a points system are regarded positively by tribunals. If only one person has made the selection this may be regarded as unfair. Unfairness does not have to be overt. Unfairness due to racial or gender bias could be indirect e.g. selecting part-timer employees in preference to full-timer could be discriminatory if women made up the majority of part-timers.

The selection procedure must be explained in good time, before employment ends. An appeals procedure should be clearly communicated. Appeals should be held by a senior manager who, if possible, is not directly involved. The selection criteria and reasons for redundancy could be judged unfair on procedural grounds, eg lack of consultation. Up to 90 days pay can be awarded as compensation if an employer fails to consult. The statutory threshold which requires the employer to consult is 20 employees or more in a three month period.

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