Selection for redundancy 





Many unionised workplaces have agreed procedures for redundancy selection, although they are rarely contractual (see Chapter 3, page 84). 




An important EAT ruling, Williams v Compair Maxim [1982] IRLR 83, has laid down some basic guidelines for a fair redundancy dismissal. They apply to all redundancy dismissals regardless of how many employees are at risk. The guidelines say that employers should: 





• give as much warning as possible;





• consult reps on the best way to minimise hardship;





• draw up agreed selection criteria;




• try to use objectively verifiable selection criteria (for example, attendance records) in preference to criteria that rely on subjective line management opinion; 




• carry out the selection exercise fairly, following the agreed criteria;




• consider any representations; and 





• offer alternative employment where possible.





In most cases, the fairness of a redundancy dismissal will depend on normal principles of unfair dismissal law found in section 98(4), ERA 96 (see Chapter 10, page 340) applying the “band of reasonable responses” test (Green v London Borough of Barking & Dagenham [2016] UKEAT/0157/16/DM). However, some redundancies will be automatically unfair (see page 415).



Redundancies often result from restructuring exercises, where employers create new jobs, require workers to compete for the new jobs and declare unsuccessful applicants redundant. Sometimes these processes look more like recruitment exercises than redundancy (see Morgan v Welsh Rugby Union [2011] UKEAT/0314/10). However, the EAT has stated clearly that these are redundancy dismissals. All the normal standards of fairness must be met, or else the employer risks a finding of unfair dismissal (Green v London Borough of Barking & Dagenham [2016] UKEAT/0157/16/DM).



Sometimes employers use non-legal terms such as “assimilation” to describe structural workforce changes. Legal principles of fairness, reasonableness and non-discrimination will apply, no matter what label is chosen.