Redundancy selection criteria

Why this matters right now

2024-25 tribunal data shows unfair-selection is now the single most common redundancy claim ground, overtaking inadequate consultation. Employers using performance ratings as the primary criterion are at heightened risk because ratings are often subjective, poorly documented, or correlated with protected characteristics.

The selection pool

Selection starts with defining the pool - the group of employees at risk. A defensible pool typically:

• Includes all employees doing the same or similar work.
• Extends to related teams where roles are interchangeable.
• Is documented with a clear rationale.

Artificially narrow pools that select a specific individual are one of the fastest routes to an unfair-dismissal finding.

Common lawful criteria

Case example: performance criterion held indirectly discriminatory

A retail employer scored redundancy selection on the previous 12 months of performance ratings. The pool of 40 employees was reduced to 10; 8 of the 10 selected were women in their 50s. The tribunal held that the performance scores, while ostensibly objective, correlated strongly with age and sex because ratings had been given by managers who had rated older women lower for reasons unrelated to output. The dismissals were held to be indirectly discriminatory and unfair. Awards averaged £22,000 per employee plus 25 per cent ACAS Code uplift for procedural failures.

Discrimination risks

Selection criteria that produce a disproportionate impact on employees with a protected characteristic can be indirect discrimination unless objectively justified. Common risks:

• Attendance criterion penalising pregnancy or disability-related absence.
• Length-of-service criterion favouring younger workers (age discrimination).
• Full-time-availability criterion penalising employees with caring responsibilities (sex discrimination).
• Performance ratings correlated with a protected characteristic.
• Loyalty or teamwork ratings correlated with a protected characteristic.

Test criteria for disproportionate impact before applying them.

Scoring and process

1. Define the pool.
2. Publish the criteria with weightings.
3. Score each employee against each criterion.
4. Have scores reviewed by a second manager for consistency.
5. Consult with affected employees on the criteria (before scoring, ideally).
6. Communicate provisional selection.
7. Give the employee opportunity to challenge scores.
8. Consider representations before final decision.

Challenging your selection score

When you receive provisional selection notification, you have the right to see your score and to challenge it. Effective challenges:

• Request the full score matrix (yours and anonymised comparators).
• Identify specific factual errors (a skill you have that wasn't credited, an absence that was protected).
• Compare scoring consistency (colleagues with similar profiles scored differently).
• Raise disproportionate-impact concerns if a protected characteristic is engaged.
• Request written response from the scoring manager.

Appeal grounds

Common redundancy appeal grounds on selection:

• Score errors (specific factual mistakes).
• Scoring inconsistency across the pool.
• Criteria weighted differently in practice from what was published.
• Attendance criterion including protected absences.
• Disproportionate impact on a protected characteristic.
• Pool artificially narrow.
• Bumping not considered.

See redundancy appeal letter template.

Tribunal remedies

Where selection is unfair, tribunal awards include:

• Basic award (statutory redundancy figure).
• Compensatory award (financial loss up to £115,115 or 52 weeks pay).
• ACAS Code uplift (up to 25 per cent for procedural failure).
• Injury to feelings (Vento bands) if discrimination engaged.

Time limit: 3 months less one day from the effective date of termination. ACAS Early Conciliation compulsory first.

Useful calculators

• Redundancy pay calculator
• Redundancy tax estimator
• Redundancy runway calculator
• Final pay estimator
• PILON calculator

Related guides

• Redundancy consultation process
• Redundancy appeal process
• Redundancy appeal letter
• Collective redundancy rules
• Redundancy rights UK

Authority pages

• Employment rights hub
• Notice period rights UK
• Redundancy rights UK
• Employment tribunal UK

Frequently asked questions

What are lawful redundancy selection criteria?

Objective, non-discriminatory criteria consistently applied within a fair pool. Common lawful criteria: skills and qualifications, recent performance ratings, attendance (excluding protected absences), disciplinary record, length of service (with care due to age discrimination risk).

Can attendance be used as a selection criterion?

Yes but with limits. Pregnancy-related absence, disability-related absence, and statutory family leave must be excluded from the count. Failing to exclude these makes the criterion indirectly discriminatory and the resulting dismissal unfair.

How do I challenge my selection score?

Request the full score matrix (yours and anonymised comparators), identify factual errors, compare scoring consistency across the pool, and raise any disproportionate-impact concerns in writing. Formal appeal typically within 5-10 working days.

What is bumping in redundancy selection?

Moving a non-redundant employee out of their role to create space for a redundancy candidate. Not obligatory but must be considered where the candidate has skills that qualify them for a role held by a less-qualified colleague. Failure to consider bumping is a common tribunal ground.

What happens if my selection was discriminatory?

The dismissal is likely unfair and may also be direct or indirect discrimination. Tribunal remedies include basic award, compensatory award (up to £115,115), ACAS Code uplift (up to 25 per cent) and injury-to-feelings Vento-band award. Discrimination claims are uncapped.

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.