Redundancy Pool Advice

[BossBhean]

I have a question about redundancy pooling, on behalf of a colleague.
They have worked part time for a small organisation for 8 years, in that time their job has changed / evolved to meet the organisation’s needs, (which can be pretty fluid!). On occasion the organisation then created a new post and employed someone to do the role, as there was a bigger demand for that area of work and my colleague returned to their original role or a slightly varied version of it. Difficult to explain but basically they have done bits or all of the other roles at some point during the 8 years.
They have been told yesterday they are at risk of redundancy and consultation is underway. There is another person employed in exactly the same role as them, (same title, JD, tasks), but they are full time and not been there for 2 years yet. The other person has not been put ‘at risk’ and my colleague was told that some of their existing workload would be redistributed to this other person.
There are also several employees, at the same grade, doing posts that my colleague has either done some of or all of the tasks before, or is capable and qualified to do; none of whom are being put ‘at risk’ either.
Is there some justification as part of the consultation for my colleague to challenge the lack of a pool, that at the least includes the other person with exactly the same JD, work and job title and even to ask why the other employees, on the same grade with whom she has interchangeable skills and experience aren’t also included?

I suppose it would depend on the justification, but on the face of it it does seem a little strange. Is she in a pool of one?

A pool containing just one employee has been deemed unfair by the employment tribunal when there were other employees fulfilling the same role. This may be an unfair dismissal. Getting them to put other employees into the pool is unlikely to alter the outcome at this stage. Your friend needs to consult a lawyer who specialises in employment law.

@devildeepbluesea

I suppose it would depend on the justification, but on the face of it it does seem a little strange. Is she in a pool of one?

Yes she is in a pool of one and is the only part time employee.

@prh47bridge

A pool containing just one employee has been deemed unfair by the employment tribunal when there were other employees fulfilling the same role. This may be an unfair dismissal. Getting them to put other employees into the pool is unlikely to alter the outcome at this stage. Your friend needs to consult a lawyer who specialises in employment law.

Thanks, I am also of the opinion that the outcome is unlikely to change, as I think (no proof, just gut feeling) that they've already decided what their preferred outcome is. I've told her that if she feels up to challenging this I'm happy to support her from the sidelines but also said the same that she needs to go and talk to a specialist solicitor.

If she's in a pool of one and is the only part timer I'd say this was risky for the employer.