LRD guides and handbook October 2013

Redundancy law - a guide to using the law for union reps

Chapter 5

Is there a right to your scores?

Yes. The EAT confirmed in Pinewood Repro Limited t/a County Print v Page [2010] UKEAT 0028 that fair consultation implicitly requires candidates to be given not just their scores but also a meaningful explanation as to how those scores were arrived at, so that they can respond and argue their case. This is especially important where, as in the Pinewood case, the employee is being scored on subjective and not easily verifiable criteria such as “flexibility”. The EAT said that failing to give Mr Page, who had 23 years’ experience as an estimator in a printing company, an explanation of his scores, even when asked, made the dismissal unfair because it robbed him of a genuine opportunity to challenge the decision.