Selection pool of one?

My employer has informed me that I'm at risk of redundancy.

I'm Operations Director of the firm, a small UK software house. They've informed me that I'm in a selection pool of one.

Their reasoning (in my "at risk" letter, and confirmed in a consultation meeting) is that the firm has cashflow issues and that they need to save money, and that they plan to do this by reorganising the management team.

I was selected as I am (in their words) a "highly paid non-revenue generating member of the team". In essence, they decided that they needed to save the amount of my salary and that's why I was selected. The selection process was an informal one, with the MD sending an email to the other 4 directors asking for their input. They all (reportedly) agreed.

Several points occur to me on this on the issue of potentially unfair selection for redundancy:

• Can they have salary (the "highly paid" quote) as part of the selection criteria?
• Although I do not carry a quota, I have been responsible for closing new sales during the last 12 months. Should this invalidate their "non-revenue generating" criteria?
• Other members of the management team are also non-quota carrying - the MD and the Marketing Director
• The Managing Director has closed sales in the last 12 months. He is also the Technical Director, and his regular responsibilities are more technical than managerial. I have been running the day-to-day business.
• The Marketing Director has not (to my knowledge) closed any sales in the last 12 months
• The tasks I perform on a regular basis have not decreased recently, and so I believe that in the simplest definition my job is not redundant
• The Marketing budget has decreased recently, and so arguably there is less work for the Marketing Director
• I have a strong career background in Marketing myself, and would be capable of doing the Marketing Director's job in addition to mine
• I am paid more than the Marketing Director

Would I have reasonable grounds for arguing unfair selection? I'd argue that at the very least, the selection pool should have included the Marketing Director and possibly the Managing Director.

Does this argument hold water?

Hi there, sorry about your predicament. An expert should be along shortly to offer advice. In the meantime if you can think of any other details that might be relevant then please let us know. Thanks

Can anyone give me an answer on this please?

Thanks

Thank you for your question. Thank you for supplying so much information. I will endeavour to answer your question as best as I can with the information that I have and make recommendations for you.

As I understand, the company that you are employed by is for economic reasons, restructuring the management team and as a consequence have put your position at risk of redundancy.

As you have been identified as the only employee in the selection pool, your role should be a unique. However, as you suggest, there are reasons which suggest the pool should be wider.

I would advise that you raise any grievances or concerns with your Manager during the consultation period and keep a copy of minutes. The consultation should cover ways to avoid your redundancy as well as considering alternative employment for you. I also advise that you seek clarification of the selection criteria that was used.

If your employer proceeds with your redundancy and your contract of employment terminated, you must first appeal against your dismissal in writing your employer in accordance with the statutory dismissal and disciplinary procedures. The time limit for lodging a claim form (ET1) with the employment tribunal is three months, less one day, from the effective date of termination of the contract of employment.

Ensuring that the redundancy selection process is carried out fairly and in accordance with the law is of paramount importance in avoiding legal repercussions in the future. I recommend that you take legal advice from an Employment Law Solicitor to advise you with a case that you may have.

As I see it, your main grievances are:

- You have been unfairly selected for the redundancy – the selection pool should have been wider to include fellow Directors as your position was not unique. If the selection pool is flawed, you may have a claim for unfair dismissal.
- The selection criteria used was too imprecise or subjective – There was no objective fellow managers gave opinions on whether you should be made redundant.

I hope this has helped. Please let me know if you have any further questions.

Many thanks - all useful stuff.

One further point ... all letters and first consultation meeting were not with my line manager (the MD) - rather they were with the Marketing Director, one of my peers. I've not been told at any point that my reporting line has changed.

I've been invited to a further consultation meeting on Tuesday morning, again with the Marketing Director.

Is this appropriate? Should the letters have come from my line manager?

If so, do I have reaosnable grounds for insisting that the process start again from the beginning?