Step 3 - Implementation Preparation
2.3.1 Fair selection involves fairly applying selection criteria to a pool of employees. Therefore the first step is usually to identify the group of employees from which those who will be made redundant will be selected.
2.3.2 Institutions must ensure that the choice of pool is reasonable. In identifying the pool, the Institution should consider:
- the type of work which is diminishing
- the extent to which employees are doing similar work, including whether it should include other groups of employees who are doing similar work to the group from which selections are made
- the extent to which employees' jobs are interchangeable, in which case a wider pool might be appropriate
- the contractual job descriptions
- whether the employees in question carry out a unique role that is disappearing (in which case they may be in a pool of one)
Job matching and role allocation
2.3.3 It is important that the process of redundancy selection and matching and allocating employees to roles that will exist after the change, is conducted using objective criteria which are applied fairly and consistently.
Selection criteria
2.3.4 Once the employees in scope of the change have been identified, institutions must devise fair selection criteria to determine which employees will be employed in any remaining roles. Selection must be conducted in a fair way and the criteria must be applied fairly. The selection criteria should be fair and objective and must not be discriminatory.
2.3.5 The first step is usually to construct a selection matrix including where appropriate details of how scores will be weighted. When deciding on appropriate selection criteria, institutions should contact their HR School Team for advice and a template selection matrix. Criteria must be carefully drawn up so that they are relevant to the positions that are available in the organisation, are as objective as possible and are capable of being backed up with evidence and data (e.g. performance appraisals and other professional and personnel records).
2.3.6 The University reserves the right to change or add to selection criteria in recognition that the criteria may need to be varied according to particular circumstances. Institutions should consult affected employees and their representatives regarding the selection criteria selected.
2.3.7 In the majority of cases appropriate selection criteria will be selected from the following list. Please note that no single criterion should be used in isolation and these are not in any particular order.
Work performance
2.3.8 Reviewing the employee's previous performance appraisals and achievements against objectives and targets may be used to assess work performance.
Knowledge and experience
2.3.9 Reviewing an employee's knowledge of their job, customers, colleagues, area of work, the University and the depth and breadth of his/her relevant experience. The method for assessing employees against the selection criteria should be relevant for the role. This may include interviews, assessment tests, written submissions from the employee and/or their manager or a combination of these.
Sickness absence and/or time keeping
2.3.10 If this is included, the Institution should be satisfied that fair and accurate sickness absence records have been maintained. Care should be taken to ensure that absences related to pregnancy-related illness, maternity, other family-friendly leave or disability (as defined in the Equality Act 2010) are discounted.
Qualifications and training
2.3.11 Reviewing what relevant qualifications an employee has and what pertinent training he/she has undertaken where these are relevant to the type of work and the future needs of the institution.
Disciplinary record
2.3.12 To determine an employee's disciplinary record, the Institution should examine his/her personnel files. Only current/active disciplinary or capability warnings should be considered, rather than any historical matters, other than in justifiably exceptional circumstances.
Length of service
2.3.13 This criterion should be used with caution as it may be indirectly discriminatory. However, it may be appropriate as part of a balanced set of criteria or in a tie-break situation.
Alternative Employment
2.3.14 Where employees are at formal risk of redundancy and suitable alternative roles are available, a selection process will be carried out. This may be by way of interview selection. Under this approach all candidates will be measured against the same criteria and asked the same set of interview questions linked to the competencies for the specific role(s). A standardised marking and weighting system should be used. For further information, please read the University's Recruitment Guidance.
2.3.15 An institution must take reasonable steps to seek alternative employment for employees who may otherwise be dismissed by way of redundancy. Any possible vacancies should be considered and listed at this stage.
Pregnancy and Maternity Leave
2.3.16 If an employee is dismissed or selected for redundancy for a reason that is related to pregnancy, birth, maternity or shared parental leave, the dismissal will be automatically unfair and will amount to pregnancy and maternity discrimination. However, employees who are pregnant or on maternity or shared parental leave can be made redundant provided that the redundancy is genuine and the employee's maternity situation does not disadvantage her in any way.
2.3.17 While a pregnant employee or employee on maternity or shared parental leave does not need to be excluded from the redundancy exercise, the institution may need to make adjustments to the consultation and selection process to ensure that any disadvantage caused by the pregnancy or leave is neutralised. For example, it should ignore pregnancy-related absence when assessing attendance records for the purposes of selection and may need to make adjustments to the consultation process if the employee is unable to attend meetings at the workplace, by carrying out consultation meetings closer to her home or in writing.
2.3.18 While it is important that employers create a level playing field when applying redundancy selection criteria, they must be careful that attempts to neutralise selection criteria that are potentially discriminatory against employees who are pregnant or on maternity leave do not result in discrimination against their male colleagues.
2.3.19 An employee on maternity leave has priority (along with any employees on adoption or shared parental leave) as far as suitable alternative employment is concerned and is entitled to be offered a suitable alternative vacancy where one exists. This should begin the day immediately following the day on which her previous contract comes to an end. The new work must be suitable in relation to the employee and appropriate for her to do in the circumstances and the new contractual provisions must not be substantially less favourable than those of the previous contract.