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The EAT ruling in Gwynedd Council v Barrett serves as a reminder that a fair redundancy will normally require the employer to identify a reasonable pool of at risk employees and fairly score the individuals against fair selection criteria. It will not be fair instead to require individuals to interview for what are essentially the same jobs as those they are already doing. A 'forward looking' interview process will only be appropriate where redundant employees are being considered for alternative jobs which are genuinely new posts. However, in both scenarios it will usually also be a requirement of fairness to consult with the employees over the process and to provide a right of appeal.

 

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Anna Henderson

Professional Support Consultant, London

Anna Henderson

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Anna Henderson photo

Anna Henderson

Professional Support Consultant, London

Anna Henderson
Anna Henderson