When selecting the pool from which to select staff for redundancy similarity or interchangeability of roles is only a starting point and not decisive. In Fulcrum Pharma v. Bonassera the Employment Appeal Tribunal have again decided that the overall situation may be taken into account.
So, if the decision of whom to include in the pool passes a "range of reasonable responses" test, that should be sufficient. In this latest case, the employer was planning to make the post of HR Manager redundant, She was not “pooled” with the more junior HR Executive even though a significant amount of the work which they did was interchangeable. The EAT considered that it was not unreasonable to have a pool of one consisting of just the more senior Manager.
Employers must consider the circumstances of each situation very carefully before they decide on the pool. Relevant factors may often include: degrees of difference between possible jobs for inclusion and the qualifications needed for the roles; consideration may be given to and whether a senior employee might be prepared to take a junior role on lower pay.
