The Employment Appeal Tribunal has held that, where the employer put an employee into a redundancy "pool of one" and did not consider the possibility of putting a wider pool of employees at risk of redundancy, the employment tribunal did not properly consider whether or not restricting the pool to one fell within the "range of reasonable responses".
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee, who was dismissed because of the employer's downturn in work and consequent reduction in the hours to be worked, was dismissed by reason of redundancy, even though there was no reduction in the employees required.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that the employer's decision to restrict a redundancy selection to one employee when there were other employees doing the same job who could have been put in a redundancy selection pool made her dismissal unfair.
The Employment Appeal Tribunal has held that the employer was justified in deciding who would be chosen for voluntary redundancy on the basis of who would cost the least to make redundant, despite this criterion being indirectly discriminatory against a particular group of older workers.
The employer in this case fell into the classic trap of burying its head in the sand and failing to consult collectively with employees over the realistic possibility that its business might close and its workforce be made redundant.
An unfortunate situation arose for this small employer when a recruitment consultant was made redundant after she had informed it, just two weeks into her new job, that she was pregnant. She claimed sex discrimination and unfair dismissal after seeing an advert shortly after her redundancy stating that the company was seeking recruitment consultants.