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ARTICLE · 09 JUNE 2011

New Jobs For Old

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In Morgan v The Welsh Rugby Union, the Employment Appeal Tribunal (‘EAT’) made an important distinction between the established, objective process employers should adopt when selecting employees for redundancy, and the less stringent procedure they are permitted to follow when considering potentially redundant employees for a genuinely new role.

United KingdomEmployment and HR
Claire Christy
Claire Christy
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In Morgan v The Welsh Rugby Union, the Employment Appeal Tribunal ('EAT') made an important distinction between the established, objective process employers should adopt when selecting employees for redundancy, and the less stringent procedure they are permitted to follow when considering potentially redundant employees for a genuinely new role. In both cases the employer must act reasonably to avoid a claim for unfair dismissal but, when selecting for a new role, an employer has more latitude to exercise judgment about which candidate would best perform the role.

Selecting employees for redundancy

Most employers are familiar with the steps they need to follow when selecting for redundancy. In brief:

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