Selection Criteria When Restructuring: the Do’s and Don’ts

The employment law consequences of the COVID-19 pandemic are inseparable from the financial consequences. During this crisis, many businesses have had to make tough decisions about the feasibility of their workforce, leading to small to large scale restructures throughout the country.

One of the most litigious aspects of a restructuring process involves selecting which employees will be retained where an employer is reducing the number of employees all holding the same (or substantially similar) roles.

For example: A supermarket has 20 employees stocking shelves, the supermarket now only requires 10 employees to stock the shelves. The supermarket must carry out a selection process to determine of the 20 employees, who will be ‘best suited’ to retain for the 10 roles.

Below are some Dos and Don’ts for employers to consider when carrying out a selection process. Read full article...