Deciding on the 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.
The law gives the employer a lot of freedom to decide on the selection pool. To have a lawful pool, all the employer must show is that they:


• acted within the band of reasonable responses (see page 326);


• carefully considered who should be in the pool (Fulcrum Pharma v Bonassera [2010] UKEAT/0198/10);


• did not discriminate (for example, targeting disabled workers or part-time staff); and


• did not act unlawfully in some other way (for example, targeting trade union reps or whistleblowers).




The law does not prevent an employer using a pool of just one person if that person’s role is genuinely the only job at risk of redundancy. Everything depends on the context. However, reps should be wary of decisions to target a single employee for redundancy, as this can conceal a dismissal for hidden reasons such as capability, or 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 who are 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 369.