Selection Criteria

Hi hope you can help,

The company I work for are making 11 people redundant from a total of approximately 50 and there are 7 selection pools. The criteria being used are: Length of service, attendance, disciplinary, timekeeping and performance over the last year.
I have worked there for just over 7 months so score nothing for length of service which is understandable, however the attendance and timekeeping elements are being applied pro-rata so I will only get a percentage of these point.

Everyone else in the selection pools has over 1 years service so unless they are poor timekeepers are not affected and it is impossible for me to make up the points lost. Can I argue that the criteria discriminates against me as I lose point in three of the criteria based on my length of service?

Thanks
Ann

Hi Ann

It does seem unreasonable to hit you with a "double whammy" on your short service. You are already scored low under the length of service heading, so to mark you down on the timekeeping and attendance on the basis that you have not got a full year seems unfair.

However, you would not be able to claim unfair dismissal, as you need a year's service for that. The only potential argument that I think you could put would be that their selection criteria discriminates against younger people, as they tend to have shorter service. It is not a strong argument, though (particuarly if you are no younger than others in the pool) but it is worth a try. As age discrimination is still so new, it has not been tested very much in law, so most employers (and their advisers) are still a bit wary of becoming involved in a test case.

I hope that is of some help.

Pete