If there is no redundancy policy in place, can you create redundancy selection criteria?

Posted in : First Tuesday Q&A ROI on 5 November 2013
Zelda Cunningham
Arthur Cox
Issues covered:

Methods of selecting employees for redundancy are not specified in employment legislation, and therefore, employers are entitled to utilize their own method of selecting employees for redundancy, provided that the selection criteria are fair, objective and non-discriminatory. The employer must be in a position to objectively justify the selection for redundancy should the dismissals be challenged by a former-employee.

Generally, employers follow the “last in, first out” selection criteria, on the basis that it is an objective criteria which can be consistently applied. However, in some circumstances, this procedure may not be desirable.

Employers should adhere to the following principles

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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