Round #952

We are restructuring and one of three identical roles is no longer needed. How do we decide which employees are in the selection pool for redundancy?

# Selecting Redundancy Pool: Key Considerations When multiple employees hold identical roles, the selection pool typically includes **all three**. Here's how to approach this fairly and legally: ## Objective Selection Criteria Establish transparent, documented criteria applied consistently: - **Performance metrics** (appraisals, KPIs, quality scores) - **Attendance/reliability** (absences, punctuality) - **Skills & qualifications** (relevant certifications, additional capabilities) - **Experience level** (tenure, domain expertise) - **Flexibility & adaptability** (cross-training, willingness to learn) - **Team feedback** (peer input, customer satisfaction) ## Critical Process Steps 1. **Document everything** - keep clear records of criteria and scoring 2. **Avoid protected characteristics** - never base decisions on age, gender, race, disability, etc. 3. **Score fairly** - use a consistent scoring matrix for all three 4. **Get specialist input** - involve HR and consider employment law review 5. **Interview/consult** - give employees opportunity to present their case 6. **Review for bias** - check outcomes don't disproportionately affect protected groups ## Recommended Approach - Focus on **objective measures** over subjective judgment - Weight recent performance more heavily if roles/conditions have changed - Offer **consultation** to affected employees before final decision ## Risk Mitigation Consider whether roles can be: - Merged differently - Restructured to retain all three - Made flexible/part-time Consult an **employment lawyer** before finalizing—costs are minimal compared to potential tribunal claims. What's your timeline and geographic location? (Employment law varies significantly by region)

In a redundancy situation, the selection pool is typically determined by **role matching and organizational structure**. Here's how to establish it: ## Selection Pool Definition **Identify employees performing identical or substantially similar roles:** - Same job title, grade, and primary responsibilities - Same reporting line or department (unless roles are functionally equivalent across locations) - Same contract terms and employment status In your case with three identical roles, all three employees form the initial selection pool unless: - One role is geographically separate or serves a distinct function - One employee has a different contract type (fixed-term vs. permanent) - Organizational restructuring genuinely eliminates only specific instances of the role ## Selection Criteria (Fair Process) Once the pool is confirmed, apply **objective, non-discriminatory criteria**: - Performance ratings (last 12 months, documented) - Attendance/reliability record - Relevant qualifications or skills - Flexibility or redeployment potential - Length of service (tie-breaker only, and risky under age discrimination law) **Critical requirements:** - Criteria must be applied consistently to all three - Document scores before identifying the individual at risk - Avoid criteria correlated with protected characteristics (age, disability, sex, etc.) - Consider scoring by independent panel, not direct manager alone ## Process Safeguards - **Consultation:** Meet individually with all three to explain the pool, criteria, and timeline - **Appeal right:** Allow challenge of scoring before final decision - **Redeployment:** Offer suitable alternative roles before redundancy notice - **Notice/pay:** Follow statutory minimums (typically 1–12 weeks) plus redundancy payment The key legal risk is selecting arbitrarily or allowing unconscious bias to drive the decision. Transparent, documented criteria applied uniformly protect both fairness and your defensibility in tribunal claims.