Redundancy: considering alternative employment
The Employment Appeal Tribunal has held that it is fair for a business to apply subjective selection criteria when deciding which potentially redundant employee should be offered alternative employment.
The principle that the selection of employees for redundancy should be based on objective criteria does not extend to deciding which potentially redundant employee should be appointed to an alternative vacancy. A business can undertake a competitive interview process and appoint the candidate it considers best for the job, even if this is based on its subjective view. It simply needs to act fairly and reasonably during the process.
Metcalfes' Employment team can advise on the duty that a business has to look for alternative employment for any potentially redundant employees.
Contact
Judith Ellery Head of Employment
David Baynton Solicitor
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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.