When should an employment tribunal interfere with the pool for selection for redundancy chosen by the employer? Rarely, says the Employment Appeals Tribunal (“EAT”) in Halpin v Sandpiper Books.
Sandpiper Books employed Mr Halpin in its London office as an Administrator/Analyst. Mr Halpin moved to work in a sales role in China. In due course the Company decided to outsource the sales work and Mr Halpin was put at risk of redundancy. There was extensive consultation and he was offered, but refused, alternative employment back in the UK.
Mr Halpin was dismissed by reason of redundancy and brought a claim for unfair dismissal. The claim was dismissed. The tribunal concluded that Mr Halpin had been fairly selected for redundancy "in so far as he was in a pool of one given his unique position dealing solely with sales and based in China".
The EAT upheld the tribunal's approach. The decision by the Respondent to limit the pool to a pool of one was open to it; such a decision cannot be easily overturned. "Selection only operates, when fairness is concerned, where there are a number of similarly qualified possible targets for redundancy" and there was no other "similarly qualified possible targets". The decision as to the pool is one for management to make and in the circumstances the decision was one that was reasonably open to the Employer.
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