Now employment lawyers around the country are thanking Wrexham Golf Club for appealing a decision of the tribunal that found the golf club had not given proper thought to pooling staff. Tribunals must decide whether the employer’s choice of pool was within the range of reasonable responses, it should not substitute its own view as to what the pool should have been. This makes life easier for employers facing redundancy situations of unique roles. That said, pools of one must be carefully considered – tribunals will scrutinise such pools to ensure they are legitimate.
Employment lawyers have also welcomed the wisdom of the EAT in finding that if there is a reduction in an employee’s hours of work, then a dismissal of an employee for that reason can be a redundancy.
Other enlightenment has come to employment lawyers courtesy of Samsung which has helped establish the legitimacy of using subjective selection criteria in interviews for alternative roles arising from redundancy processes.
Carol – O little town of Wrexham
Packman t/a Packman Lucas Associates v Farchon
Capita Hartshead Ltd v Boyd
Wrexham Golf Club v Ingham
Samsung v Monte D’Cruz
For more information, help or advice please contact Tim Davies on 0191 211 7927 or email [email protected].