Choosing selection criteria

Where a union is recognised, selection criteria should be chosen in consultation with the union. Non-union reps or individuals should be consulted if there is no recognised union. If 20 or more employees are at risk, selection criteria and methods should be included in the issues for formal collective consultation.

An employer has a great deal of freedom in its choice of selection criteria and a tribunal will only interfere with this choice if it discriminates unlawfully or is one that no reasonable employer would make. A tribunal is not allowed to substitute its own views as to what would be fair selection criteria for those of the employer.

If some criteria are more important to the employer’s on-going business than others, they can be allocated more points than other criteria. “It is for the employer to select the appropriate skills it wishes to retain” (Bansi v Alpha Flight Services [2007] 1 ICR 306).