A recent case,Morgan v The Welsh Rugby Union, is a useful reminder for employers that there is a more flexibility in a redundancy situation where, rather than selecting from a redunancy pool (containing employees who carry out a particular role) a certain number of employees for redunancy, the restructure involves the employer instead replacing the roles with entirely new roles. In such circumstances the employer will not necessarily require to use the usual mixed matrix selection process which would normally be used when, for example, selecting 2 employees for redundancy out of 5 employees all carrying out the same role.

Where the restructure involves entirely new roles and the employees are applying for the new roles then provided that the interview process is conducted in a fair and objective manner and focuses on the individual’s ability to perform the new role then this should be sufficient assuming that the process has otherwise been fairly conducted.