Updated to refer to new Regulations providing that the calculation of a week's pay for the purpose of statutory notice pay and statutory redundancy pay should be based on the employees' normal full pay, not reduced furlough pay.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
In Wrexham Golf Club Co Ltd v Ingham EAT/0190/12, the EAT held that, where one particular post is to disappear, there will be cases where it is so obvious that the occupant of the post will be the only person at risk of redundancy that it will not be outside the range of reasonable responses for the employer to focus consultation on that person without considering a wider pool.
The Employment Appeal Tribunal has held that, where the employer put an employee into a redundancy "pool of one" and did not consider the possibility of putting a wider pool of employees at risk of redundancy, the employment tribunal did not properly consider whether or not restricting the pool to one fell within the "range of reasonable responses".
In Capita Hartshead Ltd v Byard EAT/0445/11, the EAT held that the employer's failure to include in a redundancy selection pool employees doing similar work to the dismissed employee rendered her dismissal for redundancy unfair.
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