On what grounds can redundant employees sue for discrimination?
There are a number of situations you should consider in terms of employees claiming unlawful discrimination if they are chosen for redundancy. Many of these situations pertain to the fairness of your selection criteria for deciding who should be let go and why.
For instance, length of service is a criterion to be cautious of. Older employees are likely to have worked for you for longer, bringing about possible discrimination against younger employees. Men are also more likely to have worked at a business for longer, which can give rise to sex discrimination claims. It is recommended that you take legal advice before deciding your criteria – an employment lawyer will be able to point out possible angles for unfair dismissal or discrimination that you hadn’t considered.
Fair selection criterion suggestions by gov.uk include:
- Skills
- Qualifications
- Aptitude
- Performance
- Standard of work
- Disciplinary record
- Attendance
Unfair criterion listed by gov.uk are:
- Reasons relating to pregnancy; maternity, paternity, parental or adoption leave; and time taken off for dependants
- Acting as employee or trade union representatives
- Joining or not joining trade unions
- Being a fixed-term or part-time employee
- Age
- Sex
- Disability
- Marriage or civil partnerships
- Religious or other beliefs
- Gender reassignment
- Sexual orientation
- Working hours and pay, including annual leave, Working Time Regulations and the National Minimum Wage.
Always obtain legal advice before actioning potential criterion for dismissal. Even criterion considered legally ‘fair’ must be enforced in a way which eliminates possibilities for dispute.