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
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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
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
View all articles by Zelda Cunningham