Round #982

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?

In UK employment law, **a redundancy selection pool of one** (i.e., only one employee considered at risk) can be lawful, but only in specific circumstances. The key principle is that the employer must **genuinely and reasonably identify the pool** for selection, based on the work that is ceasing or diminishing. **A pool of one is lawful when:** 1. **The employee is the only person doing a particular role or type of work that is ceasing or diminishing.** - If the redundancy situation relates solely to a unique role, and only one employee performs that role, it is reasonable to have a pool of one. - Example: If a company decides to stop offering a particular service and only one employee delivers that service, only that employee is at risk. 2. **There is a genuine business reason for not including others in the pool.** - The employer must be able to justify why only one person is in the pool, and why others are not included. - The employer should consider whether other employees do similar work and, if so, whether they should be included in the pool. 3. **The decision is not made to target an individual for dismissal.** - The pool of one must not be used as a pretext to dismiss a particular employee for reasons unrelated to redundancy (e.g., performance or conduct issues). **Case Law Examples:** - *Halpin v Sandpiper Books Ltd [2012]*: The Employment Appeal Tribunal (EAT) confirmed that a pool of one can be fair if the employee is the only one doing the work that is ceasing. - *Capita Hartshead Ltd v Byard [2012]*: The EAT held that an employer must consider whether a wider pool is appropriate, especially if other employees do similar work. **Best Practice:** - Employers should consult with affected employees about the proposed pool. - The rationale for the pool should be documented. - The employer should consider and record why a wider pool is not appropriate. **Summary Table:** | Lawful Pool of One? | Circumstance | |---------------------|------------------------------------------------------------------------------| | Yes | Only one employee does the work that is ceasing/diminishing | | Yes | Genuine business reason for not including others, properly considered | | No | Used to target an individual for dismissal for non-redundancy reasons | | No | Other employees do similar work and are not considered without justification | **References:** - [Acas: Redundancy: how to identify a pool for selection](https://www.acas.org.uk/manage-staff-redundancies/selecting-employees-for-redundancy) - *Capita Hartshead Ltd v Byard [2012] IRLR 718 (EAT)* **In summary:** A pool of one is lawful if the employee is genuinely the only one affected by the redundancy situation, and the employer has reasonably considered whether others should be included. The process must be fair, transparent, and not used to disguise other motives.

A pool of one is lawful when the employee’s role is unique in the organization and no other employees perform the same or similar work, so there is no reasonable selection pool beyond that individual.