Law - Redundancy
Redundancy - the key developments
• The test for fairness in the case of selection out of a pool of employees at risk of redundancy is not the same as the test to be used where an employer is recruiting to fill a new position created as a result of a re-organisation, whether or not the re-organisation results from a redundancy situation. When looking to fill a new position, the employer is likely to focus on an employee’s ability to perform the new role (case 5).
The full judgments of the cases reported here can be found free of charge at: www.bailii.org, while the relevant legislation is available to view at www.legislation.gov.uk