This case involved the Golf Club's appeal to the EAT against
a Tribunal's finding that Mr Ingham's dismissal by reason
of redundancy was unfair, due to a failure by the club to consider
establishing a pool from which redundancies could be made. The club
had identified only Mr Ingham as being at risk of redundancy
because he occupied the unique role of Club Steward which was no
Referring to principles from existing case law on whether an
employer has acted fairly in relation to selecting a pool, the EAT
concluded that the range of reasonable responses test applies to
such an analysis. The test applies to the question of whether it
was reasonable for the employer to focus on the persons it
identified as being at risk of redundancy. There will be occasions
when it is reasonable to focus upon a single employee without
considering the development of a pool. The EAT remitted the case to
a fresh Tribunal so that the issue could be considered again with
reference to the proper test. However, it gave a clear indication
in doing so that it expected the Tribunal to find that the club had
acted within the range of reasonable responses.
This decision confirms that an employer has a significant degree
of latitude when it comes to identifying the appropriate pool for
selection in a redundancy exercise. Where a unique role is
redundant, the employer may forego consideration of a pool
altogether. However, in most cases it will remain wise for an
employer to show that it genuinely put its mind to the issue of who
should be put at risk and that it came to a reasoned conclusion on
Originally published 5 Sept 2012
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