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When is a ‘pool of one’ in a redundancy selection exercise reasonable?

If you are a SME in the process of making a redundancy where you have a ‘pool’ of one and you think that the procedure you are using is fair and reasonable because you only employ one person in that specific role, you will still have to ensure that you applied the ‘range of reasonable responses test’. In non-legal jargon this means that you have considered whether a pool of one is appropriate, i.e. do other employees carry out a similar role.

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Can ‘cheapness’ be a selection criterion for redundancy?

The answer may well be yes as the recent EAT’s recent decision in HM Land Registry Appellant –v- Mrs S M Benson and Other Respondents UKEAT/0197/11/RN (handed down on 10 February 2012) in respect to age discrimination.

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