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Redundancy and poor performance
A genuine redundancy situation only arises where there has been or is going to be:

• the closure of a business;
• a decline in the need for an employee to carry out work of a particular kind - this would cover both economic downturns and business restructurings or re-organisations;
• the closure of a place of work where an employee is employed;
• a decline in the need for an employee to carry out work of a particular kind at the place where an employee is employed.

The redundancy situation must be genuine. If you have very poor performers, use your disciplinary or capability procedure instead. If you don’t your other employees will feel unfairly treated if they see poorly performing colleagues affecting the overall performance of the business.

You may take performance and existing disciplinary records into account as part of the selection criteria, but make sure that the scoring system is objective and does not include any items which could be considered discriminatory. For example if poor attendance is related to a long-term disability or maternity leave then those absences must be excluded.

You should also try to avoid subjective criteria as these are difficult to justify.
Posted on 19 Nov 2016

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