Redundancy – Pools

Correct Pool for Selection?

In Fulcrum Pharma v Bonassera and HR Advantage the EAT considered when it might be appropriate to include a subordinate employee in the 'pool' for selection for redundancy and whether employees should be consulted over who should go in the 'pool' in the first place.

The employer in this case decided that an HR manager formed a 'pool' of one for the purposes of a redundancy exercise, without considering whether an HR executive, who was her subordinate, should be included in the pool as well. Having a pool of two would have required the employer to consider the possibility of 'bumping' – demoting the manager into the executive role and making the executive redundant instead.