Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawRedundancyUnfair dismissal

Case of the week: Fulcrum Pharma (Europe) Ltd v Bonassera and another

by Nicholas Jew 18 Nov 2010
by Nicholas Jew 18 Nov 2010

Fulcrum Pharma (Europe) Ltd v Bonassera and another

FACTS

Mrs Bonassera was employed by Fulcrum Pharma (Europe) Ltd as an HR manager. She was supported by an HR executive. In April 2009, Mrs Bonassera was informed that she was at risk of redundancy. No such notification was given to the executive.

A period of consultation followed, during which Mrs Bonassera made clear her view that the executive should also have been placed at risk and should be the one to be made redundant. Mrs Bonassera argued that she could cover the executive’s work. Fulcrum considered this suggestion, along with various other options, but decided to dismiss Mrs Bonassera. She issued an unfair dismissal claim.

DECISION

The employment tribunal decided that Mrs Bonassera had been unfairly dismissed. Fulcrum had acted incorrectly in deciding that, as the role to be removed was that of HR manager, Mrs Bonassera should be the only person in the “at-risk” pool. In the tribunal’s view, the HR function was being reduced from two to one and Fulcrum should have placed both employees in the pool and selected one to remain in the executive’s role. Even though Mrs Bonassera had not specifically raised the question of pooling during the consultation process, it was nonetheless incumbent on the employer to address this issue.

The EAT agreed with the tribunal’s unfair dismissal finding, based on Fulcrum’s failure to consult properly and to consider the possibility of a pool of two. However, the EAT said that the mere fact that Mrs Bonassera had previously carried out the more junior functions and that the executive had “acted up” during Mrs Bonassera’s sick leave were not, by themselves, sufficient factors to dictate a pool of two.

The EAT confirmed its previous guidance that factors to consider when deciding if a subordinate employee should be brought into a pool are: whether or not there is a vacancy; how different the two jobs are; the difference in remuneration; the relative length of service of the employees; and the qualifications of the employee in danger of redundancy. Also, a starting point may be to determine whether or not the senior employee would consider the junior role at the reduced salary.

IMPLICATIONS

This decision emphasises how important it is for an employer to consider the issue of pooling and also to consult on this as part of a fair redundancy process. A pool should include all employees who carry out work of the particular kind for which the employer’s need has diminished.

However, it may need to be widened to include other employees, such as those whose jobs are similar to or interchangeable with those employees for whom there is a diminished need. It may also be prudent to explore, early on, with a more senior employee whether or not he or she would accept a more junior role at a reduced salary, so that the employer knows whether or not it may have to consider “bumping” as part of the redundancy process.

Nicholas Jew, partner, DLA Piper






Practical guidance from XpertHR on redundancy selection



  • How to choose and apply redundancy selection criteria Create and apply redundancy selection criteria fairly with XpertHR’s “how to” guide.
  • Redundancy selection matrix Use this redundancy selection matrix to assess employees’ value to the organisation when considering making redundancies from a pool of employees. The scores arrived at will form the basis of management decisions as to whom to select for redundancy.

XpertHR FAQs on redundancy selection



  • In a redundancy situation, how should an employer select which employees to make redundant?
  • Is “last in, first out” still a valid redundancy selection criterion?
  • In a collective redundancy situation, what should the workforce be consulted about?

Avatar
Nicholas Jew

previous post
An introduction to private medical insurance
next post
An introduction to private medical insurance

You may also like

One in five employers planning ‘no jab no...

19 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Prime minister steps up calls for 90,000 civil...

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022

Morrisons saves 16,000 jobs with McColl’s rescue deal

10 May 2022

Queen’s Speech: Exclusivity contracts for low-paid workers to...

9 May 2022

MP seeks legal protections for employees undergoing fertility...

9 May 2022

Solicitor unfairly dismissed during cancer recovery awarded £17k

6 May 2022

PwC staff to benefit from extended summer hours...

5 May 2022

A dark day for workers’ rights – why...

29 Apr 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+