Redundancy

[Thanks to Rad Kohanzad, pupil at Old Square Chambers for preparing this case summary]

The EAT has handed down its decision in Morgan v The Welsh Rugby Union where it reiterates that the redundancy guidance set out in Williams v Compair Maxam does not apply to cases where redundant employees are applying for a new and different role. Where an employer has to appoint new roles their decision must of necessity be forward-looking, centring upon the individual's ability to perform the new role.

The Claimant and a colleague were made redundant and their roles were replaced by one amalgamated wider role; both of them were interviewed for the new role. Despite the fact that the Claimant met the new job description and the colleague did not, the colleague was given the job.

The tribunal found the interview process was conducted in a fair and objective and that the dismissal was fair, notwithstanding the interview panel did not adhere to the job description and the format of the interview substantially differed between the candidates.

The EAT refused to disturb the tribunal's finding as they were satisfied that the tribunal decided the case in accordance with section 98(4) Employment Rights Act 1996 and were not persuaded that the tribunal's conclusion was perverse.