Thread: Unfair selection for redundancy

I have been advised by my employer (employs 500) that they are making 60 employees redundant and as such the company have decided to use the bradford score factor in their selection procedure. As a result I have had my first jobs at risk interview with personnel of which I was advised of my bradford score along with assessment and that my job is at risk, in otherwards redundancy. I was given this in writing and a further interview was arranged a couple of days later, this was so I could review their figures etc with a view at second meeting I could raise any questions I wished. At the second meeting, I advised my employer that I was unhappy with points given to me for skill and also degree of supervision. I felt that I should have had a higher score. As a result my employers advised me that this was not the case and when I challenged this further was advised legally they do not need to tell me or show me any other colleagues bradford matrix scores. I think they are wrong, the problem is, are they correct in what they are saying to me or are they wrong...am I entitled to view any other colleagues bradford score assessments. Can anyone shed any light on any of this please, any information would be greatly appreciated. My next meeting with personnel is next week.

I believe that there was a case about 6 months ago, and I am not sure of the name unfortunately, at which it was decided that a dismissal for red could be unfair where selection from pools had been undertaken, and the employee had not had a chance to view their scores in comparison with other at risk employees.

I believe that they can blank out other employee names but if you cannot see your score in context, it is effectively worthless.

As regards using the BF, provided your absences were not related to a underlying health condition covered by the DDA, then your employer is perfectly entitled to use this in combination with other objective and subjective scoring criteria.

You should ensure that you make clear in any minuted meetings at which scores are discussed, that you think they are wrong and why; and also ensure you exercise a right of appeal if dismissed.

Che

Originally Posted by santinocorleone

Che,
if I request this must they show me this within a given time scale. For example if I requested this on monday, how soon should they reply to my request?

They should show you this in a minuted consultation meeting before a decision to dismiss you has been made.

Che

Yes, you should ask for a copy of the minutes. After all they are meant to be a record of a meeting at which you were present.

You should ask for a copy.

Che

If you have had no time off sick, then your Bradford Score will be Zero.

Each employer can decide how it uses the score and the actions it takes from it.
The number of Bradford points that trigger an absence review varies widely among employers. For example, some employers might adopt a policy whereby any individual with a Bradford Factor of more than 250 may need further investigation.

It is widely accepted that, used effectively, the Bradford Factor can reduce absenteeism by serving as a deterrent and a method for tackling persistent absenteeism: Studies have shown that by educating staff about the Bradford Factor, and then showing them their score on a regular basis, absenteeism can be reduced by over 20%. This is largely down to staff understanding that taking the odd day off here and there will quickly multiply their Bradford Factor score. The Bradford Factor places a value on the absence which an employee can clearly see. Where the absence is not absolutely necessary, this can serve to deter absenteeism.

The Bradford Factor can be utilised by creating “triggers” whereby certain actions are taken when an employee’s Bradford score reaches a certain point. For example, the UK Prison Service has used the following triggers:

51 points – verbal warning.
201 points – written warning
401 points – final warning
601 points – dismissal

The Bradford Factor is calculated using the formula BF(employee) = S * S * D where S is the number of absences recorded in the timesheet or schedule for the employee during the past 52 weeks, and D is the total number of days of absence.

For example an employee who was absent 12 times for a total of 13 days would look like: 12 * 12 * 13: 1872. Two absences of 5 days and 6 days would look like: 2 * 2 * 11: 44.

The employee with two long term absences receives a lower score (44) than the score of 1872.

Originally Posted by santinocorleone

Boris beaver....There is nobody disputing the fact of sickness or absenteeism etc, my record for this is nil, over the years I have had no time off for anything.

I thought it would help for those people who didn't know what the Bradford Score is.

Because you have no sickness, then the Bradford score would be irrelevant as it would be zero.

Are you talking about a different Bradford Score, as the one use in the HR environment is used only to calculate a repetative sickness risk.

There is a legal right to be accompanied at such meetings by a TU rep or work colleague, if your TU rep or work colleague is a solicitor then this would be permitted.

EDIT - Post 6th April 2009, this is no longer a legal right in redundancy meetings BUT of course any decent employer would still permit this.

Notwithstanding this, you could request a solicitor attend with you, and the company could accede to the request, although they would not be oblidged.

In any event the role of the accompanying person is fairly limited, so personally I wouldn't take a solicitor unless they were free.

The accopanying person can, "... ask questions and you should be given the opportunity to confer privately with them. While the person accompanying you should be allowed to address the decision-maker at the hearing, they are not entitled to answer questions on your behalf unless this is agreed by your employer."

Good luck

Che