How easy is it to challenge the redundancy selection pool?
Historically it has not been easy to challenge a selection pool, however recent case law has ruled that an employer must be able to demonstrate that it has “genuinely applied” its mind to the question of the appropriate selection pool and must in addition consult with affected employees on the pool, which means asking their views. A failure on either count could give rise to a successful challenge and which could amount to unfair dismissal .
Tribunals will also scrutinise a selection pool more closely if the size of the pool mirrors the amount of roles to be made redundant (especially where there is only a pool one person).
Who should be in the selection pool?
The starting point will usually be to place all employees doing the same or similar roles in the pool, regardless if they hold different job titles.
Employers will need a good reason to show why some employees doing the same or similar roles have been excluded from the pool.
An employment tribunal will scrutinise a selection pool more closely where the pool is exactly the same size as the number of people to be made redundant.