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Employment4 min read30 April 2026

My Employer Scored Me for Redundancy Before Even Consulting Me

Based on: De Bank Haycocks v ADP RPO UK Ltd [2023] EAT 129 · View judgment

The Scenario

A recruitment consultant was scored on 17 subjective criteria before consultation began. Scores were never shared. One colleague volunteered, leaving the claimant as the only forced redundancy.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I was a recruitment consultant working in a team of 16 people, all recruiting for the same client. When COVID hit in 2020, demand dropped and the company decided to cut two people from the team. They scored all 16 of us on 17 different criteria — all subjective — and I came last. But they did the scoring before they had even decided how many people to make redundant, and I was never told my scores or given a chance to challenge them.

Case Buddy

Thank you for explaining this. It sounds like you were scored for redundancy selection before any consultation took place, and you were never given the opportunity to see or challenge your scores. Can I check — were you eventually made redundant, and how long had you worked for the company?

You

Yes, I was made redundant. One colleague volunteered, so in the end I was the only one forced out. I had worked there for over two years.

Case Buddy

Here is the legal position: Even in smaller-scale redundancy situations (fewer than 20 employees), employers must conduct **meaningful individual consultation at a formative stage** — that is, before decisions are finalised. **The problems with your employer's approach:** 1. **Scoring before consultation** — conducting the scoring exercise before consultation begins means you could not influence the decision. Consultation must happen at a stage where the employee's input can genuinely affect the outcome 2. **Not sharing scores** — an employee being considered for redundancy should be told their scores and the criteria used, so they can challenge any errors or provide additional information 3. **Subjective criteria** — while subjective criteria are not automatically unfair, they require greater transparency and scrutiny to ensure they are applied fairly **What this means:** - The absence of consultation at the formative stage means you could not influence the employer's decision - This is likely to make the dismissal **procedurally unfair** under Section 98(4) of the Employment Rights Act 1996 **Your options:** - If you are within the time limit (3 months less one day from the date of dismissal, after contacting ACAS for Early Conciliation), you may bring an unfair dismissal claim - Compensation includes a basic award plus a compensatory award for financial losses For free advice, contact ACAS on 0300 123 1100. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

  • Even in small-scale redundancies, employers must conduct meaningful individual consultation at a formative stage — before decisions are finalised.
  • Conducting a scoring exercise before consultation begins renders the process unfair, as the employee cannot influence the decision.
  • Employees should be told their scores and given the chance to challenge them.
  • The individual must still be consulted meaningfully about selection criteria, scores, and alternatives.

What the Court Decided

The EAT found the absence of consultation at the formative stage made the dismissal unfair. The employee could not influence the employer's decision.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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