Selection criteria and methods

Discriminatory criteria and methods can be challenged in the tribunal.

Proper consultation, which employers must carry out with the union where one is recognised, can reduce the employer’s risk of using discriminatory criteria. Vague criteria invite higher levels of management discretion and subjectivity and consequently are more open to discrimination and bias. The Equality and Human Rights Commission (EHRC) recommends combining any potentially discriminatory criteria with other non-discriminatory criteria and making sure that the discriminatory criteria do not decide the outcome.

There are also important statutory rights that protect part-time and fixed-term employees, as well as statutory protections from detriment and dismissal, for example, being selected for redundancy as a result of asking to work flexibly. These rights are not covered in this booklet, but information about them can be found in LRD’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/lawatwork).