This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explanation of redundancy selection criteria in UK dismissal decisions, including how employers must choose employees fairly, legal requirements under employment law, common criteria used, and how unfair dismissal claims arise in England and Wales.
Why selection criteria matter in redundancy law
Redundancy is a potentially fair reason for dismissal under UK employment law, but the fairness of the process depends heavily on how employees are selected. Employers cannot simply choose individuals arbitrarily. They must apply clear, objective and non-discriminatory selection criteria when deciding who to dismiss.
In England and Wales, tribunals examining unfair dismissal claims will closely scrutinise whether the employer used a fair system, whether it was consistently applied, and whether it complied with legal and procedural standards.
The key legal framework is the Employment Rights Act 1996, supported by guidance from Acas and principles developed through case law.
What redundancy selection criteria are
Redundancy selection criteria are the measurable factors used by employers to decide which employees in a redundancy pool will be dismissed.
Where a business reduces roles but multiple employees perform similar work, employers usually create a selection pool. They then assess employees against agreed criteria to determine who is selected for redundancy.
The law does not prescribe a fixed list of criteria, but it requires that the process is fair, reasonable, and applied consistently.
Legal requirement for fair redundancy selection
Employers must ensure that selection is:
- Based on objective evidence rather than personal opinion
- Applied consistently across all employees in the selection pool
- Free from discrimination under the Equality Act 2010
- Supported by consultation with affected employees
- Capable of being explained and evidenced if challenged in a tribunal
Government guidance confirms that selection must not involve unlawful discrimination and must rely on fair factors such as skills and performance.
Acas guidance also emphasises that criteria should be objective, measurable, and consistently applied across the workforce.
Common fair redundancy selection criteria
Employers typically rely on structured scoring systems using criteria such as:
1. Skills, qualifications and experience
Assessment of whether an employee has the skills required to perform remaining roles.
2. Performance and capability
Measured through appraisals, productivity records, or objective performance data.
3. Attendance record
Absence levels may be considered, but absences linked to disability, pregnancy, or maternity must be excluded or adjusted.
4. Disciplinary record
Formal warnings or conduct issues may form part of the scoring system.
5. Flexibility and adaptability
In some workplaces, willingness to adapt to new working patterns may be included, provided it is applied fairly.
These criteria must be backed by evidence and applied consistently across all employees in the redundancy pool.
What makes selection criteria unfair or unlawful
A redundancy dismissal may be unfair if criteria are:
Discriminatory
It is unlawful to select an employee because of a protected characteristic, including:
- age
- sex
- disability
- pregnancy or maternity
- race
- religion or belief
- sexual orientation
Automatically unfair reasons
Dismissal will generally be automatically unfair if based on:
- trade union membership or activity
- whistleblowing
- taking maternity or parental leave
- asserting statutory rights
Subjective or vague criteria
Examples of problematic criteria include:
- “attitude” without measurable evidence
- manager preference
- unsupported personality judgments
Inconsistent application
Even fair criteria can become unfair if:
- scoring differs between employees without justification
- documentation is incomplete
- managers apply personal discretion inconsistently
Selection pools and their importance
Before applying criteria, employers must usually define a selection pool, meaning the group of employees considered at risk of redundancy.
A flawed pool can make the entire process unfair. Employers must consider:
- employees performing similar roles
- employees with interchangeable skills
- business structure and job functions
Failure to include appropriate employees in the pool is a common basis for unfair dismissal claims.
Consultation and transparency duties
Employers are expected to consult with employees before final decisions are made. This typically involves:
- explaining the proposed selection process
- discussing the criteria being used
- allowing employees to challenge scores
- considering alternative roles
In larger redundancies, collective consultation obligations may apply.
How redundancy selection is challenged at tribunal
An employment tribunal will assess whether the employer acted reasonably in all circumstances. Key issues include:
- whether redundancy was genuine
- whether a fair pool was used
- whether criteria were objective and evidence-based
- whether consultation was meaningful
- whether discrimination occurred
Even if redundancy is genuine, procedural flaws in selection can lead to a finding of unfair dismissal and compensation.
Time limits for making a claim
A claim for unfair dismissal must usually be submitted to an employment tribunal within:
- 3 months less 1 day from the date of dismissal
Before issuing a claim, early conciliation through Acas is required.
Practical implications for employees
Employees affected by redundancy selection commonly consider:
- requesting their scoring breakdown and criteria used
- checking whether the pool includes appropriate roles
- reviewing whether absence or performance records were fairly applied
- identifying possible discriminatory factors
- seeking clarification during consultation meetings
Common questions
Can an employer choose redundancy candidates freely?
No. The employer must apply a fair process and use objective criteria. Arbitrary selection risks an unfair dismissal claim.
Is “last in, first out” still legal?
Yes, but it must not cause indirect age discrimination and should not be the sole criterion.
Can performance appraisals be used?
Yes, provided they are consistent, recent, and supported by evidence.
What if only one person is selected?
A single-person pool can be fair, but the employer must still justify why no broader pool was appropriate.
Key Takeaways
Redundancy selection criteria are central to determining whether a dismissal is fair under UK employment law. Employers must use objective, measurable, and non-discriminatory criteria, apply them consistently, and consult with affected employees. Poorly designed or unfairly applied criteria can result in a successful unfair dismissal claim before an employment tribunal.
