Get Answers
What is unfair redundancy selection?
Unfair redundancy selection happens when an employer chooses an employee for redundancy in a way that is not fair, reasonable, or legally justified. In the UK, redundancy selection must be based on proper criteria and a fair process. If the choice appears arbitrary, discriminatory, or inconsistent, it may be challenged as unfair.
Redundancy itself can be genuine, but the method used to decide who is dismissed matters. Employers should not simply pick someone because they are unpopular, cheaper to lose, or easier to manage. They must use objective criteria and apply them consistently across the affected group.
Your rights in a redundancy process
Employees have the right to be treated fairly during redundancy consultation and selection. This usually means being told why redundancies are happening, how selection will work, and how decisions will be made. Where possible, employers should consult with employees before final decisions are taken.
You also have the right not to be selected for reasons that are discriminatory or unlawful. For example, selection cannot be based on protected characteristics such as age, disability, sex, race, pregnancy, or religion. If these factors influence the decision, the redundancy may be unfair or discriminatory.
Common unfair selection methods
Unfair redundancy selection can happen when employers use vague or subjective criteria. This might include judging someone on “attitude” without clear evidence, or using performance records that were never properly discussed with the employee. Selection should be based on measurable and relevant factors.
It can also be unfair if the employer uses criteria inconsistently. For example, one worker may be marked down for attendance while another with similar records is not. Employers should keep records showing how each person was assessed and why.
What employers should do
Employers should use a fair pool of employees, set out clear selection criteria, and consult with those at risk. Typical criteria may include skills, qualifications, performance, attendance, and disciplinary record. These must be applied carefully and without discrimination.
They should also consider alternative roles before making redundancies final. In some cases, suitable alternative employment may be available within the organisation. Failing to explore this can make the process feel, and sometimes be, unfair.
What to do if you think selection was unfair
If you believe you were selected unfairly, raise the issue with your employer as soon as possible. Ask for the scoring matrix, the criteria used, and the reasons for your selection. Keeping written notes and copies of emails can help support your position.
You may also be able to appeal the decision internally. If the matter is not resolved, you could seek advice from a trade union, ACAS, or an employment solicitor. In some cases, you may have grounds for an employment tribunal claim, especially if discrimination or unfair dismissal is involved.
Frequently Asked Questions
Unfair redundancy selection rights are the legal rights that protect employees from being selected for redundancy on unlawful or discriminatory grounds, or through a process that is unreasonable, biased, or not genuinely based on fair criteria.
Employees who face redundancy are protected by unfair redundancy selection rights, especially where the employer must use fair selection methods and avoid discrimination, victimisation, or retaliation when choosing who is made redundant.
A redundancy selection may be unfair under unfair redundancy selection rights if the employer uses inaccurate scoring, biased criteria, hidden decisions, discrimination, or fails to consult properly before deciding who should be dismissed.
Yes. Unfair redundancy selection rights can apply if age played a part in the selection decision, because age discrimination is unlawful and redundancy selection criteria must not disadvantage workers because of their age.
Yes. Unfair redundancy selection rights can apply if maternity leave, pregnancy, or related absence influenced the selection decision, since those reasons are protected and should not be used negatively in redundancy scoring.
Yes. Unfair redundancy selection rights can apply if disability was not properly considered, if reasonable adjustments were ignored, or if sickness absence linked to a disability was unfairly used against you in selection.
Under unfair redundancy selection rights, employers should use objective, consistent, and fair criteria such as skills, qualifications, performance based on reliable records, attendance where lawful, and disciplinary history where appropriate.
Yes. Unfair redundancy selection rights can be breached if performance reviews are inaccurate, inconsistent, or used selectively to target certain employees without a fair and evidence-based assessment.
Yes. Fair redundancy processes usually require meaningful consultation before final selection, and unfair redundancy selection rights may be breached if the employer fails to consult properly or treats the decision as already fixed.
Yes. Unfair redundancy selection rights can be breached if the employer does not use a transparent and objective scoring system, especially where the decision appears arbitrary, secretive, or based on personal preference.
Useful evidence for unfair redundancy selection rights includes scoring sheets, consultation notes, emails, performance appraisals, redundancy policies, witness accounts, and any documents showing inconsistent or discriminatory treatment.
Unfair redundancy selection rights overlap with discrimination law because a redundancy selection that is based on protected characteristics such as sex, race, disability, pregnancy, age, religion, or other protected traits may be unlawful discrimination.
Yes. Unfair redundancy selection rights may be breached if an employee is selected for redundancy because they raised concerns, complained about wrongdoing, or made a protected disclosure, as retaliation is unlawful.
If you think your employer breached your unfair redundancy selection rights, you should gather evidence, ask for the selection criteria and scores, raise a grievance if appropriate, and get advice quickly because legal time limits may apply.
Yes. Fair redundancy processes often require employers to consider suitable alternative roles, and unfair redundancy selection rights may be affected if an employer ignores available vacancies or fails to offer a suitable alternative role.
Agency workers may have limited protection depending on their employment status, but unfair redundancy selection rights usually apply most strongly to employees and workers who are directly selected for redundancy by an employer.
Yes. Unfair redundancy selection rights can be breached in collective redundancies if the employer fails to consult properly, uses unfair selection methods, or targets individuals without a lawful and objective reason.
Possible remedies for breach of unfair redundancy selection rights may include compensation, reinstatement, re-engagement, or settlement, depending on the facts and the outcome of any employment claim.
Time limits for claims about unfair redundancy selection rights are usually short, so you should act promptly and seek advice as soon as possible to avoid missing the deadline for bringing a claim.
Yes. A settlement agreement can resolve a dispute about unfair redundancy selection rights if both sides agree terms, but you should get independent advice before signing because it may waive your right to bring a claim.
Ergsy Search Results
This website offers general information and is not a substitute for professional advice.
Always seek guidance from qualified professionals.
If you have any medical concerns or need urgent help, contact a healthcare professional or emergency services immediately.
Some of this content was generated with AI assistance. We've done our best to keep it accurate, helpful, and human-friendly.
- Ergsy carefully checks the information in the videos we provide here.
- Videos shown by Youtube after a video has completed, have NOT been reviewed by ERGSY.
- To view, click the arrow in centre of video.
- Most of the videos you find here will have subtitles and/or closed captions available.
- You may need to turn these on, and choose your preferred language.
- Go to the video you'd like to watch.
- If closed captions (CC) are available, settings will be visible on the bottom right of the video player.
- To turn on Captions, click settings.
- To turn off Captions, click settings again.