27 February 2012 #Employment
Redundancy is a potentially fair reason for dismissal. However in order to be actually fair a fair procedure must followed and the dismissal must be within the band of reasonable responses open to the employer.
A fair procedure will usually involve, as a minimum, the employer:
In Capita Hartshead Ltd v Byard UKEAT/0445/11 the employer’s selection pool consisted of just one employee.
The tribunal held that the employer`s decision to limit the size of the pool to one was not reasonable in the circumstances as other employees who did similar jobs to that employee should also have been included. The EAT upheld the tribunal’s decision that such a narrow pool resulted in an unfair dismissal of that employee.
In the course of its judgement, the EAT reviewed a number of cases in this area, and set out useful guidance for employers in such cases. Buddy also has a number of documents to help employers avoid falling foul of the law in the HR Resources section of the site.