Do employers have to hold a selection process if all members of
a pool are redundant? Fortunately for businesses, the Employment
Appeal Tribunal has said no. Mr Zeff worked for Lewis Day Transport
PLC as a manager in the chauffeur department. There was a downturn
of business in early 2009 and after a number of meetings with staff
a decision was made to close the chauffeur department, so Mr Zeff
and the two controllers in the department were made redundant.
Mr Zeff brought an unfair dismissal claim and lost. The tribunal
agreed with the company that the chauffeur department was the whole
'pool' and Mr Zeff and the two controllers were the only
members of the pool. As none of Mr Zeff and the two controllers was
needed and all three of them were made redundant, there was no need
for any selection, no need for any formal selection criteria and no
need for any formal selection process. Mr Zeff appealed, mainly on
the basis that there should have been a redundancy
