Selection Procedure

Hi

Can you advise whether selection solely by interview is deemed fair and objective? There was a panel of three managers and questions scored out of five. No account was taken of sickness, experience, training, skills, disciplinaries or previous appraisals. The unions agreed to this with an additional supporting information sheet but this wasn't used as all. The decision was made purely on interview. This is completely contrary to the Council's redundancy policy which would have taken all factors into account. So, does the union agreement take precedence over the employer's redundancy policy? Is there any redress?

Yes, it is deemed fair and objective in law. But failure to follow an agreed policy may not. It depends on whether the policy is binding - it may allow for other methods. You would need to ask the union about that.

Hi

Thanks for your reply. The policy is the Redundancy Policy in the employee handbook agreed for all Council employees and agreed by Resources Management Sub-Committee. There is no mention of any variation to this selection procedure in this document.

Regarding the interview process the sort of questions asked were "what are your strengths", "how are schools going to cope with reduced funding?", "what is your experience in ....?" At this stage staff were fighting for their jobs so could really say anything about their strengths and experience -so isn't this subjective? Only one question was based on evidence and was objective.

Also all the examples given by ACAS are objective measurements such as sickness, experience, appraisals, disciplinary record, experience ie. objective selection and evidence based.

Sorry but selection by interview is deemed fair and objective - that's how you got the job in the first place and that was fair and objective! ACAS offer advice - what they say on this matter is purely advice and has no legal force. However, given the examples of questions asked that you have given - they have indeed consdiered experience, skills etc. They do not have to use a particular method of scoring, In terview is perfectly valid.

Back again! I have now been given scoring information on the interview process. Three panel members scored - there seems to be quite a discrepency between their scores and rankings - as much as 10 points (total) in some instances, different questions were asked depending on the professional background of the interviewee, one panel member changed half way through the process, supporting information on strengths and achievements was not used as previously agreed with the union and HR. Is all this legitimate for the interview process to be deemed fair and objective? Thanks for your advice - much appreciated.

As SarEl said previously, selection by interview only is fair and objective. Failure to follow usual internal policy is more likely to be considered unfair, but if selection procedures for this particular restructuring have been negotiated and agreed with unions, that's fine - appropriate consultation on selection criteria has taken place with employee representatives agreeing to the criteria. If the criteria as agreed with the unions has not been followed, that might help you, and your union should be raising that with the employer.

I have taken my case to appeal and found out that three employees with lower scores were offered posts in another part of the County and that my scores were changed to make me the lowest scoring (evidence sent by mistake by HR). My question is do I now have a case for unfair dismissal? I have since been offered a temporary post which may last up to six months. Then, presumably, I will made redundant again! As I am currently off sick (due to the stress of the above situation) and I have completely lost confidence in the management do I have to accept this post or am I able to negotiate a compromise agreement? Do I have a case to take the Council to an employment tribunal or is it deemed that they have resolved the issue as I have been offered an alternative post? If I turn this down will I be deemed to have made myself redundant?Your advice would be welcome. Thank you.

Hmm. You haven't been dismissed so it isn't an unfair dismissal. You would have to resign and nobody would recommend trying to claim constructive dismissal. Especially if the appeal found in your favour - I assume it did? But to be honest, you need legal advice now before making any further decisions - the chances of your negotiating a compromise agreement on your own are fairly slim - their legal people would run rings around you, case or not.

Sorry, forgot to say on 90 day notice termination of employment due to take place on 30th April 2011.