When implementing a redundancy where an employer requires fewer employees working in a role and there is no non-subjective information to use in a scoring matrix, besides time and attendance data, is it fair in principle to use an interview selection technique as an alternative? No performance-related data exists for the job roles in question and “LIFO” is not considered appropriate.

An employer is required to act reasonably in effecting a redundancy. In these circumstances, there is nothing to prevent an employer conducting an interview with those employees whose positions are at risk of redundancy. It will be important for the employer to ensure that the selection pool comprises each of those whose positions are at risk of redundancy. Further, the employer should consider and plan the questions which will be asked at the interview and retain detailed notes from each of the interviews as it may be necessary to rely on these in any potential unfair dismissal or equality claim which may subsequently be initiated by a disgruntled employee.