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Selecting you for redundancy

Your employer should use a fair and objective way of selecting people to make redundant. This means that it should be based on some evidence rather than your employer just deciding who they want rid of.

Methods of selection
If a method for deciding redundancies has been agreed with a trade union, your employer should follow it. It is up to your employer which reasons they use, as long as they can show that they are fair. The most commonly used reasons are:

• last in, first out (where the employees with the shortest length of service are selected first)
• asking for volunteers (self-selection)
• disciplinary records
• staff appraisal markings, skills, qualifications and experience

Sometimes an employer may use a combination of criteria, perhaps using some kind of points system to get an overall score.
Your employer may select people by asking them to reapply for their own jobs. You should remember that this is still just a way for the employer to decide who to select for redundancy. If you decide not to apply (or are 'unsuccessful') you still have a job until your employer makes you redundant.
If you volunteer for redundancy, it is up to your employer whether they actually select you.

Unfair selection
If you feel that your employer has selected you unfairly you should appeal against the decision. Put your appeal in writing, explaining what you want the employer to do to put the situation right. The way in which you were selected will affect whether your redundancy is considered fair by an Employment Tribunal.
It is definitely unfair if you're chosen for redundancy for discriminatory reasons. These can be direct (for example, because you're on maternity leave). These can also be indirect (for example, more women work part time so it may discriminate against women to choose part timers).
Other unfair reasons for choosing you for redundancy include:

• membership or non-membership of a trade union
• exercising your statutory rights (for example, asking for a written statement of employment particulars)
• Whistle blowing (that is, making disclosures about the employer's wrongdoing)
• taking part in lawful industrial action lasting 12 weeks or less
• taking action on health and safety grounds
• doing jury service
• trusteeship of a company pension scheme