Redundancy Selection Criteria and Pools UK 2026: How Employers Must Choose Fairly
When several employees do similar work, redundancy selection must use a fair pool and objective, scored criteria. Here's how the process works and what makes a selection unfair.
Why the pool and criteria matter
When a business needs to reduce headcount, it cannot simply decide who to dismiss. UK law requires a structured, defensible process: define a selection pool of employees whose jobs are similar enough to be compared, then score everyone in that pool against fair, objective criteria. Getting either step wrong is one of the most common grounds for a successful unfair dismissal claim.
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Open Redundancy Pay calculatorStep 1: Defining the selection pool
The pool should include everyone doing work of a similar or interchangeable nature, even if job titles differ slightly. Employers have some discretion here, but a pool that is drawn too narrowly to target specific individuals (for example, ring-fencing just the employees an employer wants to remove) is a classic red flag for tribunals.
| Example situation | Reasonable pool |
|---|---|
| One of three general administrators is being cut | All three administrators, even if one has a slightly different job title |
| A whole department is closing | Usually just that department, since there's no interchangeable work elsewhere |
| Two roles have overlapping duties across different teams | Both teams may need to be pooled together if duties are genuinely similar |
Step 2: Choosing selection criteria
Criteria must be objective, measurable, and consistently applied — not vague judgements like "attitude" or "cultural fit" that are hard to evidence and easy to challenge.
Commonly used criteria
| Criterion | Fairness notes |
|---|---|
| Disciplinary record | Should only count formal, live warnings — not spent or informal ones |
| Attendance record | Must exclude disability-related absence, pregnancy/maternity-related absence, and family leave, or it risks discrimination claims |
| Skills, qualifications, versatility | Should reflect the actual requirements of the pooled roles |
| Performance appraisal scores | Should be based on documented, contemporaneous appraisals, not retrospective opinions |
| Length of service | Can be one factor, but not the sole determining factor (age discrimination risk) |
Scoring and transparency
Employees are typically scored against each criterion (for example, 1–5 per category), with the criteria weighted and totalled to produce a ranking within the pool. Best practice — and often an implied requirement of a fair process — is that:
- Scoring is done by more than one manager where possible, to reduce individual bias.
- Employees can see their own scores and, ideally, the anonymised scores of others in the pool, during consultation.
- Employees are given a genuine chance to challenge or query their scores before a final decision is made.
Consultation requirements
| Number of proposed redundancies | Consultation requirement |
|---|---|
| Any number | Individual consultation with each affected employee |
| 20–99 at one establishment within 90 days | Collective consultation for at least 30 days before the first dismissal takes effect |
| 100+ at one establishment within 90 days | Collective consultation for at least 45 days before the first dismissal takes effect |
Failing to collectively consult where required can result in a protective award of up to 90 days' pay per affected employee, on top of any redundancy pay.
What makes a selection unfair
A redundancy dismissal can be found unfair even where the business need for redundancies is genuine, if the process used to select individuals was flawed:
- The pool was drawn artificially narrow to target specific people.
- Criteria were subjective, undocumented, or applied inconsistently.
- The employee wasn't consulted or given a chance to challenge their selection.
- Suitable alternative employment wasn't properly considered or offered.
- The real reason was a protected characteristic or protected activity, disguised as a scoring outcome.
What to do if you think your selection was unfair
- Ask your employer in writing for your individual scores and the criteria/weighting used.
- Raise a grievance during consultation if you believe the pool or scoring was flawed.
- Keep records of appraisals, attendance, and any conversations that contradict your redundancy score.
- Consider ACAS early conciliation and, if unresolved, an employment tribunal claim — generally within 3 months less one day of the dismissal date.
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Frequently asked questions
What is a redundancy selection pool?
A selection pool is the group of employees whose roles are considered interchangeable or comparable when an employer needs to reduce headcount in a particular area. Everyone in the pool is scored against the same criteria, rather than the employer simply picking who to make redundant.
What are fair redundancy selection criteria?
Common fair criteria include disciplinary record, attendance (excluding disability-related and family leave absences), skills and qualifications, performance appraisal scores, and length of service. Criteria must be objective, measurable, and applied consistently — not vague or subjective judgements.
Can length of service alone be used to select for redundancy?
It can be one factor among several, but using 'last in, first out' as the sole criterion is risky because it can indirectly discriminate against younger employees (age discrimination), unless objectively justified as part of a business need.
Is selecting someone for redundancy because they were on maternity leave lawful?
No. Selecting an employee for redundancy because of pregnancy, maternity leave, or other protected characteristics is automatically unfair dismissal and unlawful discrimination, regardless of length of service or scoring outcome.
Can an employee challenge their redundancy selection?
Yes. Employees can ask to see their individual scores and the scoring matrix, challenge the fairness of the pool or criteria in consultation, and ultimately bring an unfair dismissal claim to an employment tribunal if they believe the process or outcome was unfair.
Does an employer have to consult before selecting employees for redundancy?
Yes. Individual consultation is required in all redundancy situations, and collective consultation (with employee reps) is legally required where 20 or more redundancies are proposed at one establishment within 90 days.
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