Redundancy selection criteria

When some jobs in a group must go, employers usually put the affected roles into a selection pool, then score each person against agreed criteria. Acas says the criteria should be as objective and measurable as possible, based on facts rather than personal opinion, and scored the same way for everyone in the pool. gov.uk says you must be selected in a fair way, and not because of age, gender, disability or pregnancy.

How a selection pool is drawn

Acas says an employer should put all roles that are the same or similar into a pool, and may include roles needing similar skills. Where several different roles are at risk, there can be more than one pool. Any agreement with a recognised trade union and any existing redundancy policy should be followed. If neither exists, Acas says to consider consulting the union on how to set up the pool.

The pool decides who you are compared with, so it is worth asking early which roles are in yours and why. Your employer’s organisational change policy, if it has one, may set this out. Our redundancy rights guide covers the wider process.

The criteria employers use

Acas gives four examples:

• standard of work or performance
• skills, qualifications or expertise
• attendance record
• disciplinary record

Different pools can use different criteria. Acas says agreed criteria are easier to explain and feel fairer, and can help an employer defend a tribunal claim.

How scoring works

Acas’s guidance for employers shows weighting, so that a criterion judged more important carries more marks. Its example scores attendance out of 5 and performance out of 15. In its sample bands:

Criterion	Score range	Top score is for	Bottom score is for
Work performance	3 to 15	Outstanding	Fails to meet objectives
Skills and competence	3 to 15	Fully competent and multi-skilled	Cannot function without close support
Disciplinary record	1 to 5	No record	Current final written warning
Attendance record	1 to 5	No absence	High and unacceptable

These are Acas examples. Your employer’s matrix may use other criteria, other weightings, or a different scale altogether. Acas also says there should be written evidence for each criterion, so a score of 6 for performance should be backed by something on file.

Where selection goes wrong

Acas lists selections that are unlawful. Under the Equality Act 2010, you cannot be chosen because of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Under other employment law, you cannot be chosen because you:

• took family-related leave, including maternity, paternity, adoption, parental or shared parental leave
• are an employee representative or trade union representative, or a union member
• are part-time or on a fixed-term contract
• raised concerns about working time, the National Minimum Wage or whistleblowing

A criterion that looks neutral can still be unlawful if it puts a protected group at a disadvantage. Acas’s example is flexible working: using it as a criterion could amount to sex discrimination, because women are more likely to have caring responsibilities, and the employer would have to show flexible working was no longer possible after the change.

Attendance scores

Attendance needs particular care. Acas says the record must be accurate and must not count absences related to disability, pregnancy or maternity. If your score looks low, ask which absences were counted, and whether any were related to a disability or pregnancy. Our discrimination guide explains the protections.

Pregnancy and family leave

Acas says pregnant employees and new parents have extra redundancy protection and must be offered suitable alternative vacancies as a priority. See suitable alternative employment for how offers and trial periods work.

If you think the selection was unfair

Ask HR in writing for the criteria, the pool, your scores and the evidence. Use the appeal your employer offers, and speak to your union rep. If you are considering a tribunal claim, you will usually need an early conciliation certificate from Acas first, and our early conciliation guide and time limits guide explain the steps. For roles in the NHS and schools, the NHS redundancy pay guide and teacher redundancy guide cover the rules specific to those sectors.