Redundancy - the key developments

• The test for fairness in the case of selection out of a pool of employees at risk of redundancy is not the same as the test to be used where an employer is recruiting to fill a new position created as a result of a re-organisation, whether or not the re-organisation results from a redundancy situation. When looking to fill a new position, the employer is likely to focus on an employee’s ability to perform the new role (case 5).