Will we run into problems if we just weed out the people we would like to get rid of?
Yes. To reduce the risk of being sued for unfair dismissal and unlawful discrimination, you should, in the first instance, identify a fair 'pool for selection' for redundancy.If there is an agreed procedure or a customary arrangement which prescribes a particular selection pool, you would normally be expected to follow it, unless you can show that it was reasonable not to do so (but see question 12, below).
If there is no agreed procedure or customary arrangement, you have flexibility in identifying the pool for selection. Nevertheless, you should ensure that you act reasonably in identifying the pool for selection, for example, by considering whether employees' jobs are interchangeable.
Having identified a fair pool for selection, you should then fairly apply objective selection criteria, in order to identify which members of the pool should be made redundant (that is, those who score lowest). Such criteria could include performance, attendance and length of service.
Related Resources
in the Legal Information Centre
- We need to make some people redundant. Is it advisable to establish a formal redundancy procedure, and if so, what should it cover?
- How much notice do we have to give of proposed redundancies?
- In cases of collective redundancy, what information, if any, do we have to provide in writing to employee representatives?
- How much do we have to pay in redundancy pay?
