Pool of One? (Redundancy)

Redundancy is a potentially fair reason for dismissal.? However, getting the procedure wrong could render an otherwise fair dismissal, unfair.? As part of a fair redundancy procedure, an employer must consult with staff in a meaningful way and at an early stage in the process.?Before embarking on a redundancy procedure, it would be wise to set out a business case for redundancy and identify which job or jobs are at risk.? It will then be possible to decide on an appropriate selection pool.? A pool of one can sometimes be justified, for example where the role is unique and performed by only one person.? If there are two or more employees performing the same or similar roles at the same status level though, consideration should be given as to which employees ought to be placed in the pool.? It is worth noting that pools of one are notoriously difficult to justify and can leave employers vulnerable to claims for unfair dismissal. In the recent case of Mr Z Valimulla v Al-Khair Foundation [2023], the Employment Appeal Tribunal found a dismissal to be unfair where an employee was placed into a pool of one.? On the specific facts of that case, it was relevant that the employer failed to consult with the employee, specifically in relation to the selection pool.? Every redundancy case will of course have its own nuances. However, where a pool of one is contemplated, consultation will be key to evidencing an adequate consultation process. ?