Round #963

A manager wants to put just one employee at risk of redundancy rather than run a pool selection. In what circumstances is a pool of one lawful?

# Pool of One: Lawful Circumstances A "pool of one" in redundancy selection can be lawful, but only in **very specific circumstances**: ## 1. **Genuine Role-Specific Redundancy** - The specific role is being eliminated due to business reorganization - Only one employee holds that exact role with those specific responsibilities - The role cannot be modified or merged with another position - *Example: Redundancy of a niche specialist role with no overlap* ## 2. **Objective Operational Necessity** - The redundancy arises from external factors (contract loss, site closure, technology change) - Only one employee's position is genuinely affected - The decision is demonstrably business-driven, not personal ## 3. **Complete Absence of Reasonable Alternatives** - No other employees could be trained or redeployed - No reasonable opportunity to offer alternative roles - No possibility of job-sharing or reduced hours ## Critical Risk Areas **Potential discrimination claims** if the pool of one appears to target: - An employee with a protected characteristic (age, disability, pregnancy, etc.) - An employee with union activity or whistle-blowing history - An employee raising grievances or performance concerns ## Best Practice Even when technically lawful, a pool of one is **legally risky** because: - It invites scrutiny (why wasn't this role included in a wider review?) - Discriminatory motive may be inferred - Employment tribunals examine whether the pool was genuinely necessary or convenient **Recommendation:** Document the business rationale thoroughly and consider consulting employment law before proceeding.

A pool of one is lawful only in these specific circumstances: 1. **Role elimination** – the position itself is being deleted with no comparable alternative role available to the employee 2. **Objective selection criteria applied** – even with one person, you must apply fair, documented criteria (skills, performance, conduct) and show why this role (not others) is redundant 3. **No suitable alternative employment** – you've genuinely assessed and cannot offer redeployment into any other role the employee could do 4. **Consultation completed** – you've notified the employee, explained the business reason, and given them opportunity to respond before final decision **Critical risk:** singling out one employee without a genuine, documented business reason for eliminating *that specific role* is likely unfair dismissal. Employment tribunals scrutinize one-person pools heavily; they will expect clear evidence the role (not the person) is redundant. **What's unlawful:** - Targeting an individual for removal and retroactively labeling their role redundant - Failing to explore redeployment - Skipping formal consultation If you cannot articulate why *this role* must go while similar roles remain, a pool of one will not survive tribunal challenge. The candidates listed above (selection criteria, individual consultation, statutory redundancy pay) all remain necessary; the pool size does not exempt you from proper process.