When employers are deciding the criteria to apply in selecting employees for redundancy, a popular choice often involves attendance records, or rather absence records, of their employees. Employers are of course keen to ensure that the workforce being retained comprise of their best candidates, including those that reguarly turn up to work.
However, it has been suggested in Personnel Today that some employees who have a poor attendance record may have been subjected to bullying or harassment within the workplace. Therefore they suggest that using this criteria could subject employers to claims.
We, at PJH Law, would disagree with Speechly Bircham and King’s College London’s suggestions. In our experience the criteria that causes employers problems are that of a subjective nature, not an objective nature. Provided that the reason for the absence(s) is not related to disability or maternity leave, then we believe that this is a legitimate and fair criteria to use in selecting employees for redundancy. In our experience a Tribunal has never disputed this criteria being used in these circumstances.
For more details please click here.