It has often proved hard to challenge employers over how they score employees, create a selection pool or run their overall redundancy selection process.
Employers can cut the risk of an employee being able to bring a claim for unfair dismissal by ensuring the process is broadly fair; that each employee has an opportunity to dispute their selection; that there is no evidence of discrimination, victimisation or selection for a reason that would be automatically unfair; and there is no plausible evidence of bias or significant error (Law at Work 2020, p 437).
If you take a claim of unfair redundancy dismissal to a tribunal, it will look at whether:
- There was a genuine need to make redundancies in your workplace.
- Your employer followed a fair procedure when they consulted the workforce and selected people for redundancy.
- Your employer's decision to select you was fair.
- Your employer made reasonable efforts to find you suitable alternative employment.
Citizen's Advice has a useful app to check if your redundancy was fair (in England).
Law at Work advises that the strongest cases are those in which concrete evidence suggests there would have been a good chance that the person would not have been selected for redundancy, if the consultation process had been carried out correctly.
You are therefore advised to take part in the consultation process, and to keep a diary of events together with any relevant emails. Keep any evidence that can demonstrate to the tribunal that you have been searching for work.