When handling redundancy processes, it is crucial for employers to use an objective and unbiased selection process, ensuring no prejudice against any employee. A recent tribunal decision has underscored the importance of this approach. The case involved a senior employee who was made redundant based on criteria that included formal qualifications, which indirectly disadvantaged older workers. The tribunal found that using qualifications as a selection criterion can constitute indirect age discrimination, as older employees are less likely to possess such qualifications compared to their younger counterparts. This ruling highlights the need for employers to carefully consider the implications of their redundancy criteria and ensure they do not inadvertently discriminate against employees based on age or other protected characteristics.
Senior associate, Sophia Zand has had her comments published in an article by People Management, advising that "Checks and balances must be accommodated into the decision-making process to ensure the motivations, reasons and applications of a redundancy selection criteria are well founded, objective and do not discriminate against those with protected characteristics."
Read the full article here.
