The EAT has recently considered whether decisions on the pool of selection in a redundancy situation should fall within the ‘band of reasonable responses’ test. The EAT found that the reasonable responses test does apply and has overturned the tribunal’s finding of unfair dismissal.
The claimant was the sole bar steward of a golf club. The club needed to make cost savings and so made the claimant redundant by combining job roles. The tribunal found the dismissal to be unfair as the club had not considered any pool of selection. The EAT, overturning the decision, found that there is no rule that a pool must be established and that providing the employer has a good reason a ‘pool for one’ is acceptable when considering a redundancy selection. The EAT found that the tribunal had not asked itself whether the decision was within the range of reasonable responses and have re-mitted the case back to a fresh tribunal.
Key point: Employers should still be cautious when considering redundancy selection, and if a ‘pool of one’ is to be applied, the employer must be able to justify this decision. A tribunal should ask itself whether the decision to have a ‘pool of one’ is within the range of reasonable responses.