Unfair Selection for Redundancy

In Ireland, unfair selection for redundancy happens if you’re chosen using discriminatory grounds (like age, gender, disability, pregnancy) or non-objective criteria (like personal favouritism, union activity, health complaints) instead of fair, objective measures like skills or performance, often involving a “selection matrix”. If selected unfairly, you can claim unfair dismissal with the Workplace Relations Commission (WRC). 

It is the position (not the person) which is made redundant.

Grounds for unfair selection

  • Discriminatory reasons: Your employer can’t select you based on gender, civil status, family status, age, disability, religion, race, sexual orientation, or Traveller community membership.
  • Protected activities: Being chosen due to trade union membership/activity, pregnancy, health & safety complaints, or asking for legal rights is unfair.
  • Subjective criteria: Using personal knowledge, opinions, or biased factors (like a poor relationship with a manager) instead of objective ones is unfair. 

Fair selection criteria

  • Employers should use objective criteria, often in a “selection matrix,” such as: qualifications, skills, experience, performance history, and length of service.
  • The process must be transparent, with consultation, discussion, and feedback given to employees.
  • An employer must show their selection criteria were fair and applied impersonally. 

What to do if selected unfairly

  • Gather evidence: Collect information showing the selection was unfair or discriminatory, comparing yourself to retained colleagues.
  • Contact the WRC: You can bring a claim for unfair dismissal to the Workplace Relations Commission (WRC).
  • Consider legal advice: Seek advice from an employment solicitor to understand your options, potential compensation, and if reinstatement or re-engagement is possible. 

Key takeaway

The core issue is whether the selection process was objective and non-discriminatory; if not, you may have a case for unfair dismissal, as redundancy must relate to the job, not the person for unfair reasons.