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Pool of Selection for redundancy

Posted on 31st January 2011
Case law

The EAT has given some further guidance on the fairness of a redundancy where 'bumping' was not discussed with the employee.

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The employer had considered the possibility but not discussed it

Fulcrum Pharma (Europe) Ltd v Mrs Bonamera 2010

Background

In this case, Mrs Bonamera was employed as a HR manager. She was placed at risk of redundancy. Her number two, a HR Executive, was not placed at risk. Mrs Bonamera was treated as the only person at risk of redundancy.

The decision

The EAT upheld the Tribunal's decision that Mrs Bonamera's dismissal was unfair. Whilst the employer, Fulcrum Pharma (Europe) Ltd, had considered the possibility of Mrs Bonamera taking on the position as HR Executive (and 'bumping' out its occupant) it had not discussed this possibility with Mrs Bonamera. This made the dismissal unfair.

In practice

This case is a reminder that the 'pool' from which redundancies are to be made should form part of not only the thought process of the employer when it is deciding how to proceed but also consultation with the employee.

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