The recent decision in Davies v Farnborough College of Technology illustrates the importance for employees bringing an unfair dismissal claim alleging an unfair selection procedure, to consider what difference the unfair selection procedure has made. In order to get a financial award of any value, the unfair procedure must affect the outcome of the redundancy process.
In Davies, Mr Davies was scored at 25%. The other employees in the pool were scored at over 43% and over 50%. Where scores are this far apart, it is difficult to argue that an unfair selection procedure has changed the outcome. Accordingly, although the dismissal was unfair, no compensatory award was made.