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My company is going through a redundancy process and has had…

My company is going through...
My company is going through a redundancy process and has had the senior supervisors carry out Selection Criteria Forms on all employees.
One of the sections in this is “Qualifications-Fit of qualifications, as identified in the job description for buisiness needs.”
We have been told that employees can only be scored 1-3 based on the qualifications that are required for their positions but can be scored 4-6 (6 being highest), if they have done any courses that are above and beyond what is required for their position but still relevant to work.
Is it legal to penalise someone in a redundancy situation because they have not paid for any extra courses above and beyond what is deemed necessary for their position within the company?
Thanks
Dave
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1/12/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,494
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Customer reply replied 1 month ago
3 and a half years
Customer reply replied 1 month ago
No that is okay. A written response is sufficient
Customer reply replied 1 month ago
You still there Ben?

Thank you. Initially this criteria would not be automatically unfair. This mainly happens if it is discriminatory in nature, such as being detrimental to people because of things like race, gender, disability, age, etc.

In terms of extra knowledge or qualification the employer can award extra points for those who have gained these, even if they were not provided by the employer and had to be done privately outside of work. After all the employer would want to keep the employees with the best skills and knowledge and asking for this is not discriminating against the employee who have not done it. However, if for example you were unable to attend courses due to having a disability, that is when it can potentially be discriminatory towards you and be potentially subject to challenge.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Ben Jones
Ben Jones, UK Lawyer
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Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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