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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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Answered in 5 minutes by:
1/12/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,182
Experience: Qualified Employment Solicitor
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Customer reply replied 7 months ago
3 and a half years
Customer reply replied 7 months ago
No that is okay. A written response is sufficient
Customer reply replied 7 months 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
Category: UK Employment Law
Satisfied Customers: 51,182
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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