Common use of Redundancy Selection Clause in Contracts

Redundancy Selection. (a) The employer shall consult the signatory trades unions on its proposed selection pool(s) and selection criteria as part of any collective consultation arrangements under NAECI 16.3(a). (b) The first consideration will be the need to maintain a balanced and productive workforce composed of employees whom management considers have the skills and experience most appropriate to the company's needs. (c) Selection shall be based on the particular contract where employees included in a selection pool are currently employed, except where the written offer of employment, contract of employment and/or statutory statement of employment particulars issued by the employer either: (i) Expressly provides that an employee is employed specifically on a transferable basis operating across a number of contracts in a defined area. In such cases, that area shall be regarded as the 'contract' for the above purposes; or (ii) Expressly sets out a specifically defined alternative to selection on a contract basis (including an unambiguous statement explicitly excluding selection on a contract basis under either (c) or (c)(i) above). (d) A particular selection criterion may not be used if, either generally or in the specific circumstances where its application is being proposed, it contravenes the requirements of United Kingdom employment, labour relations or discrimination law. (e) Length of service with the employer may form part of the redundancy selection process where it is lawful to do so - for example: (i) Where the short-term nature of employment makes it genuinely impracticable for an employer to establish an alternative basis for differentiating between individuals; or (ii) To differentiate between 2 individuals who are awarded equal scores under an objective selection matrix operated in accordance with (f) below. (f) Where an employer is proposing to base selection for redundancy on the performance of individual employees against a matrix of factors, it should take reasonable steps to demonstrate during consultation that: (i) The selection criteria and scoring systems set out in the matrix are objective and/or verifiable. Examples of such criteria include (but need not be limited to): ■ Attendance ■ Timekeeping ■ Disciplinary record ■ Job knowledge/skills ■ Relevant qualifications/training ■ Assisting/developing/training others ■ Measurable quality ■ Health and safety (ii) Where an individual does not agree with a decision to select him/her for redundancy, he/she shall have access to a company appeals procedure. (g) After due consultation, management will prepare a list of the names of the employees to be made redundant in accordance with the above provisions and will notify them accordingly. The list will then be made available to the shop stewards. (h) Individual companies shall have the opportunity of registering redundancy procedures established in accordance with the above provisions with the NJC. (i) Further dismissal appeal provisions are set out in NAECI 15.8.

Redundancy Selection. (NJC Guidance Note (14)01) (a) The employer shall consult the signatory trades unions on its proposed selection pool(s) and selection criteria as part of any collective consultation arrangements under NAECI 16.3(a). (b) The first consideration will be the need to maintain a balanced and productive workforce composed of employees whom management considers have the skills and experience most appropriate to the company's needs. (c) Selection shall be based on the particular contract where employees included in a selection pool are currently employed, except where the written offer of employment, contract of employment and/or statutory statement of employment particulars issued by the employer either: (i) Expressly provides that an employee is employed specifically on a transferable basis operating across a number of contracts in a defined area. In such cases, that area shall be regarded as the 'contract' for the above purposes; or (ii) Expressly sets out a specifically defined alternative to selection on a contract basis (including an unambiguous statement explicitly excluding selection on a contract basis under either (c) or (c)(i) above). (d) A particular selection criterion may not be used if, either generally or in the specific circumstances where its application is being proposed, it contravenes the requirements of United Kingdom employment, labour relations or discrimination law. (e) Length of service with the employer may form part of the redundancy selection process where it is lawful to do so - for example: (i) Where the short-term nature of employment makes it genuinely impracticable for an employer to establish an alternative basis for differentiating between individuals; or (ii) To differentiate between 2 individuals who are awarded equal scores under an objective selection matrix operated in accordance with (f) below. (f) Where an employer is proposing to base selection for redundancy on the performance of individual employees against a matrix of factors, it should take reasonable steps to demonstrate during consultation that: (i) The selection criteria and scoring systems set out in the matrix are objective and/or verifiable. Examples of such criteria include (but need not be limited to): ■ Attendance ■ Timekeeping ■ Disciplinary record ■ Job knowledge/skills ■ Relevant qualifications/training ■ Assisting/developing/training others ■ Measurable quality ■ Health and safety (ii) Where an individual does not agree with a decision to select him/her for redundancy, he/she shall have access to a company appeals procedure. (g) After due consultation, management will prepare a list of the names of the employees to be made redundant in accordance with the above provisions and will notify them accordingly. The list will then be made available to the shop stewards. (h) Individual companies shall have the opportunity of registering redundancy procedures established in accordance with the above provisions with the NJC. (i) Further dismissal appeal provisions are set out in NAECI 15.8.