Short answer
Before asking about redundancy selection, gather the business case, consultation records, selection pool, scoring matrix, criteria, comparator information, appeal papers, alternative-role evidence, ACAS details and any tribunal deadline.
Quick checklist
Start with these
Build A Selection Timeline
A barrister will usually need a dated account of when redundancy was proposed, who was placed at risk, how consultation took place and when dismissal or appeal decisions were made.
The timeline should distinguish between the business reason for redundancy and the method used to select the employee.
- At-risk letter and redundancy proposal.
- Consultation invites, notes and employee responses.
- Selection pool and rationale.
- Selection criteria and scoring matrix.
- Dismissal letter, notice, appeal and outcome.
Check The Selection Evidence
GOV.UK and ACAS guidance refer to fair, objective and non-discriminatory selection. A barrister will need the records that show how criteria were chosen and applied.
If the employee says scoring was inaccurate, gather the appraisal, attendance, disciplinary, performance or skills records relied on by either side.
- Comparator scores where disclosure is available.
- Attendance records with pregnancy, maternity, disability or family leave identified separately.
- Performance and appraisal material.
- Notes showing moderation or management review.
- Vacancy, redeployment and suitable alternative employment records.
Identify The Legal Issue
The enquiry should say whether the concern is unfair selection, inadequate consultation, discrimination, whistleblowing, trade union activity, protected leave, alternative employment or redundancy pay.
This guide is general preparation information only. It does not decide whether a redundancy was fair or whether a tribunal claim should be brought.
- Is the dispute about the pool, criteria, scoring or process?
- Was any protected leave, disability adjustment or discrimination issue raised?
- Was an appeal offered and used?
- Has ACAS early conciliation started?
- What tribunal deadline is being protected?
Source/review note: check current GOV.UK redundancy guidance and ACAS redundancy selection guidance before publication or advice. Tribunal time limits and discrimination issues need case-specific review.
Editorial status: source and legal review required. No completed legal review is claimed.
Redundancy Selection Barrister Evidence Guide FAQs
What evidence matters in a redundancy selection dispute?
The selection pool, criteria, scoring, consultation notes, appeal outcome and alternative role evidence usually matter. The relevant documents depend on whether the issue is unfair dismissal, discrimination or another employment claim.
Should employers send the scoring matrix?
Yes, where available. Employers should also send the rationale for criteria, moderation notes, consultation record and any protected-characteristic or leave-related issues that may affect risk.
Does ACAS early conciliation matter?
Employment tribunal claims usually involve ACAS early conciliation before a claim is presented. Send the certificate and dates if that stage has started or completed.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
