Are you facing being made redundant by your employer?
- A redundancy occurs only when an employee is dismissed and the reason for his dismissal is that his job is no longer available at the place where he works (because the factory that employs him was closed, for example) or
- where his employer no longer requires the same number of employees to do what he does (because of a fall in demand for the product he makes, or
- changes in technology (for example
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Historically it has not been easy to challenge a selection pool, however an employer must be able to demonstrate that it has “genuinely applied” its mind to the question of the appropriate selection pool and must in addition consult with affected employees on the pool, which means asking their views.
Yes, as long as the reason for the redundancy is not connected with your pregnancy or maternity leave. If you are made redundant shortly after you announce your pregnancy, an employer will not be acting unlawfully if it can be shown that the decision had nothing whatsoever to do with the pregnancy.
If you are in a unique role, there is no requirement for a selection pool. Similarly, there is no requirement for a selection pool if your employer closes its whole business. An employer otherwise does have a degree of flexibility when deciding on the redundancy pool, however it must act reasonably.
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