Selection Pool Advice - Manager in a pool by himself

Hello all,

An employer completes work for a number of clients and one client has suddenly and unexpectedly cut budget for 2009. The 20 employees who complete work for that particular client have been put into a collective consultation and told that they are at risk of redundancy.

My question is this: there is one Manager for that 'business unit' who has now been placed essentially in a pool of one. The employer has identified potential roles for most of the other staff except for the manager.

The manager feels that the potential management redundancy pool should be wider and appropriate selection procedures applied as
all managers of 'business units' do the same job,
have the same job title
the company retains the right to move them between business units when desired, whether the manager wishes to move or not.
They are also required to cover other work streams between them and cover for each other if necessary in the case of annual leave.
They are essentially treated as interchangeable employees, and actually are, doing substantially the same work, just for different clients.

The company is saying that they are treating the 'business unit' which deals with the lost client's work as a distinct entity, therefore the manager will remain as the only manager at risk and the pool will remain at one, this person. Although this is naturally convenient for the company as it avoids upsetting other managers, the manager affected does not feel that this is a correct approach (naturally). The manager has 7 years service.

When the manager initally accepted a management job the person concerned was put onto a risky business unit and expressed concern at whether they would become redundant if that business unit failed. They were told at that time that policy was to pool all 'business unit' managers. This is the first time that a manager has not been pooled with at least one other person. When the change of approach was questioned in a consultation meeting the response was that circumstances change. The response to the question about why the selection pool was only that manager was that the business unit is being treated as a distinct entity.

Your thoughts please?

Sorry to hear about your predicament.

When facing the possibility of redundancies, employers should analyse which employees are performing work of a particular kind that has either ceased or diminished. This is known as the selection pool.

From your post, I gather that your employer has identified the selection pool for redundancy which is just yourself as a Manager.

The pool should contain ‘all employees’ who perform the same or similar type of work in a particular department or at a relevant location. In the circumstance where only one employee is identified within the selection pool, the individual performing that role should be in a unique position. Your employer needs to be able to show that the system for choosing the pool is fair. If it cannot, then you could have a claim for unfair dismissal.

Is there is a customary arrangement or procedure for choosing a pool for redundancy in your Company? You say there is a policy to pool all 'business unit' managers. Have you seen this, or do you have a copy? If you haven’t, I would raise this issue in your consultation meetings and request a copy. The customary arrangement should be used unless the employer can show objective grounds for not using it. If like you say there have been redundancy situations in the past where “all” of the managers have been in the selection pool for redundancy, then you could argue that this has been custom and practice.

If you employer does proceed to dismiss you on the grounds of redundancy, you may wish to apply to the Employment Tribunals for unfair dismissal.

Thank you very much for your reply. I raised it in my first meeting and received in effect the reply that the company takes current circumstances into account when deciding how to treat this kind of situation. I felt it was a little wooly and have asked for a written response.

I have raised the issue in the consultation meeting today again. Last time there was a redundancy on my site, there was more than one manager in the pool. I understand they have recently lost some managers from another site through redundancy; so I will find out more about that situation.

Another question if I may; I believe I will be offered a job at a lower level of status and pay, a junior manager role. The company is requesting that I formally apply for the job. My length of service dictates that I have benefits which are not available to new employees, eg annual company sick pay of one week for each year of service. Can they use this as an opportunity to put me onto a new contract, ie can they in effect treat me as if I was an external candidate for the role, reduce my benefits, and avoid paying me statutory redundancy money (the company do not have any enhanced redundancy packages)?

I feel somewhat guilty for not offering you a coffee at the moment, simply I'm not in a situation to buy myself a coffee; but if you can help me in my situation I promise a couple of drinks on me!

Hi

Thanks for your reply.

During the redundnacy consultation period, your Employer is required to consider ways to avoid the redundancy which includes considering suitable alternative employment for you within the business.

Can you tell me whether your Employer has offered you this position as alternative employment?

If they have, they should make you aware of the new level of pay, change of status, location, working environment, change in hours of working so you can make an informed decision as to whether you think the offer is suitable.

If you can let me know this, I can help you further.

p.s. Regarding the drink, make it a mulled wine I drink too much coffee anyhow!

Hello again,

My employer has asked me to register interest in/apply for one of the junior posts ie I need to request it rather than them proactively offering it as a possibility.

They have not come back to me yet with conditions and salary etc.

As to the selection pool - on Monday when the announcement was made to the business unit, all business unit managers were pulled into a meeting. The announcement was also made to all business unit managers that the business had been lost and that all business unit managers were going into consultation. On Tuesday I was told that it was merely myself at risk of redundancy because my job had gone as part of the business unit therefore I was the only one at risk. I have asked for a written response as to why only myself was selected out of the pool of business unit managers to be at risk.

I will update when I have more news.