Selection pool

The first step in any redundancy selection process is usually to decide on the selection pool. This is the group of employees from which redundancies are to be made. This should be a matter for consultation. In practice, the law gives the employer a lot of freedom to decide on the selection pool, within the band of reasonable responses. The employer must carefully consider who should be in the pool (Fulcrum Pharma v Bonassera [2010] UKEAT/0198/10) and must not discriminate (for example, targeting disabled workers); or act unlawfully in some other way (for example, targeting trade union reps).

There can be a lawful pool of just one person if their role genuinely is the only job at risk of redundancy. It all depends on context. Even so, reps should be wary of decisions to target a single employee for redundancy, as this can conceal a dismissal for hidden reasons, such as trade union victimisation.

A wish to avoid demoralising or worrying other employees by placing them at risk of redundancy is never a fair reason for limiting the pool.

The pool does not have to include only employees doing the particular kind of work that has reduced, especially if roles are interchangeable. Indeed, restricting the pool in this way could make the dismissals unfair (Hendy Banks City Print Limited v Fairbrother [2004] UKEAT 0691/04/2112). There is an overlap here with the practice of “bumping” described on page 417.