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, and a challenge to the fairness of a dismissal on this basis is likely to be very difficult. All the employer must show is that they have:


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



• not discriminated, for example, by targeting part-time or disabled workers, and not acted unlawfully in some other way, for example, targeting trade union reps or whistleblowers; and



• used a pool that was not so unreasonable that no reasonable employer would have chosen it (Capita Hartshead Limited v Byard [2012] UKEAT 0445/11).



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 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 399.