# Suspicious selection criteria for redundancy, possible unfair dismissal



## prettyboy (19 Oct 2012)

My cousin is currently under the threat of redundancy in her job. The company want to reduce the number of employees in her section by half and are currently "evaluating" staff members against a fixed criteria. She is currently one of the longer serving members of the team and has constantly scored well in her standard work reviews.

The general feeling in the office is that the company will just remove the higher earners(of which is is one) leaving the less paid members of the team in employment regardless of their ability. If that is how it turns out would she have a case for unfair dismissal even though the company are scoring them using a fixed criteria but in reality are only doing so to comply with the law? 

Also if she were to take a case for unfair dismissal how would it affect her current redundancy offer?


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## STEINER (19 Oct 2012)

A relative was recently unfairly selected for redundancy.  It never went to court, just to mediation.  The solicitor and barrister were very good.

I can't answer your question, but if your cousin is selected for redundancy, I would advise her to contact a specialist solicitor in employment law.  I can give you the details for the solicitor my relative used.  I couldn't recommend her high enough.


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## prettyboy (19 Oct 2012)

Thanks Steiner, if you could send me those details that would be great. Was your relative selected based on a specified criteria and if so was it this they successfully contested albeit via mediation?

I do wonder if there is any way to prove that the selection criteria my cousins company is using is only for show. It stinks of making the person and not the job redundant but may be too difficult to prove.

Out of interest , does anyone know what would happen if she refused the redundancy?


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## shipibo (22 Oct 2012)

Does she know specified criteria, and is this the worry ?? , can the staff ask for transparency on this

Generally, when redundancy criterion is setup, the voluntary option is opened first , and then sectional mandatory ...

If chosen for redundancy, She can request the company show her the reasons she was picked, with examples of retained staff reasons for retention.

Check out Industrial Relations solicitors with

http://www.flac.ie

http://www.citizensinformation.ie/e...ncy/dismissal/fair_grounds_for_dismissal.html


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## prettyboy (22 Oct 2012)

@crumdub12. Thanks for the links. The Flac site is particularly useful.

They don’t have the criteria yet, and I'm not sure if they will see it before they know who’s getting the chop. I'd bet my wages on the fact that this "criteria" is pretty bogus and they are just getting the higher earners out.

It's terrible really, if she goes and she doesn't come to an arrangement with the bank on her mortgage, she will literally be left with €20 spare at the end of the month to cover emergencies’ etc…


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## shipibo (23 Oct 2012)

PrettyBoy,


     The high earners need to ask management to make criterion transparent, as this will take FUD out of present situation.

       If criterion is a ****take, they can take a case to employment tribunal regarding unfair dismissal  .... if they take redundancy it will drastically weaken their case


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