In short, maybe.
You should be able to understand the reasons behind your own assessment and how your score compares to others.
The Employment Appeal Tribunal summarised this position in the case of Pinewood Repro Ltd (t/a County Print) v Page, explaining: “Fair [redundancy] consultation involves the provision of adequate information on which an employee can respond and argue [their] case…” (my emphasis added).
This may not, however, mean that you will receive full details on how your colleagues have scored. Whether this will be fair will depend on the specific circumstances of your case.
Where a redundancy situation involves two or more colleagues and one role, the employer may have to choose who to retain. This exercise involves an assessment of the employees and, therefore, a scoring.
No one truly enjoys criticism and particularly not when the outcome of it may be the end of your employment. It follows that employees affected in a redundancy situation usually want to know how they have been scored in comparison to others in their team or department.
While each case turns on its specific facts, usually an employer will only act fairly in a redundancy situation like this if it explains to the people affected how they have scored and, in a meaningful way, how this compares to the others who are similarly affected.
If your employer cites data protection concerns in relation to sharing colleagues’ scores, it may be that the colleagues’ data could be anonymised.
This blog was written by Ben Lindsay, Solicitor at didlaw.
