Redundancy: The Redundancy Selection Pool

A redundancy ‘pool’ refers to the group of employees who are at risk of redundancy and from which an employer will select the individuals to dismiss. This video covers the complex issue of who should be in the pool.
For free resources on redundancy, and my ten part video course, visit gettingredundancyright.com/
0:00 - Intro
0:58 - Recap of redundancy law
2:57 - Redundancy pool selection
5:58 - Role-based redundancies
8:33 - Site-based redundancies
10:19 - Pools of one person
12:50 - Tips for redundancy pools
CASES AND STATUTES REFERRED TO
Employment Rights Act 1996, s139 - www.legislation.gov.uk/ukpga/...
Hendy Banks City Print v Fairbrother - www.bailii.org/uk/cases/UKEAT...
Halpin v Sandpiper Books - www.danielbarnett.co.uk/site/...
Alvis Vickers v Lloyd - www.bailii.org/uk/cases/UKEAT...
Byard v Capita Hartshead - www.bailii.org/uk/cases/UKEAT...
Highland Fish Farmers v Thorburn - no transcript available
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I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (www.danielbarnett.co.uk) and work out of a set of Chambers in London (www.outertemple.com). I have a weekly podcast (go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (www.hrinnercircle.co.uk). I present the legal hour on LBC Radio (www.lbc.co.uk), the UK’s leading commercial talk radio station, at 9pm every Saturday night.
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IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (April 2021), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.
PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.

[@sathorburn]

Great video- even if you know this stuff, it never hurts to have an expert explain it. And your explanation was very clear.

[@DanielBarnettLaw]

For free resources on redundancy, and my ten part video course, visit gettingredundancyright.com/

[@dijellicoe3185]

I was off sick for a long period, when I returned I was told I was not allowed to be involved in Leading more complex pieces of work. After 12 months of having only two days sick I asked again to be involved in a CSI initiative and was told again no as I could not be relied upon because of my sickness by my colleague. This colleague had three times my sickness. He is on 6k more than I am. We are now competing for one role and one of us will be made redundant. The matrix for scoring is on CSI and leadership. I’ve been told our roles are exactly the same and I know the pool doesn’t take in to account salary. I’ve been told my sickness won’t come in to it as I’ll be scored on the work I’ve done the last 9 months. My complaint is that my work scope has been prejudiced by my sickness as In I’ve not been able to work on anything that allows me to exhibit these behaviours. I also feel locked out of the conversations between my boss and this male colleague as I am a woman. I have a registered disability and no reasonable adjustments have been made. Is this grounds for appeal? Thanks

[@NotfromDateline]

yes!