Selection processes and avoiding discrimination in redundancy

Covered in this video are the practical and legal dimensions of selecting employees for redundancy fairly and lawfully, with a specific focus on AC 3.2 of 5OS01 Specialist Employment Law. The video addresses how selection pools should be defined, examining which employees must be included and what happens when a pool is drawn too narrowly or too broadly. It goes on to cover the range of selection methods that employers use in practice, including points-based scoring systems, last in first out (LIFO), voluntary redundancy, and competitive selection through reapplication and interview.

The video gives particular attention to the discrimination risks that run through every stage of a redundancy selection exercise under the Equality Act 2010. It covers how selection criteria — including attendance records and length of service — can produce indirect discrimination against employees with protected characteristics such as disability, age, and pregnancy, and what objective justification requires in that context. The enhanced statutory rights of employees on maternity leave under the Maternity and Parental Leave Regulations 1999 receive dedicated treatment, as does the duty to make reasonable adjustments for disabled employees throughout the process. The 2012 case of Capita Hartshead v Byard is examined in relation to the concept of bumping.

Scoring, moderation, and documentation requirements are examined as interconnected obligations rather than administrative afterthoughts, and the video considers how unconscious bias can affect assessments made against otherwise objective criteria. Equality impact assessment of proposed criteria before implementation is also addressed, alongside the monitoring of outcomes for adverse impact on protected groups. Taken together, the video maps the legal framework within which a lawful and defensible redundancy selection process must operate, making it directly relevant to candidates preparing to explain the legal requirements relating to redundancy for their 5OS01 assessment.