Redundancy pool of one: employer failed to offer alternative role without competition
A Learning and Development Manager with 5 years' service was unfairly dismissed after her employer placed her in a redundancy pool of one and made her compete externally for a new role. The tribunal awarded £21,696.25.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #pool-of-one
- #failure-to-offer-alternative-role
- #strained-manager-relationship
- #lack-of-independent-hr
Key facts
- The Claimant was employed as a Learning and Development Manager from 1 November 2016 to 19 November 2021.
- The Respondent restructured its HR team, creating a new Design and Delivery Manager role and an HR Business Partner role.
- The Claimant was placed in a redundancy pool of one and told she would have to compete externally for the new DDM role.
- The Employment Judge found that the Respondent should have offered the Claimant the DDM or HRBP role without requiring her to compete externally.
- The Claimant was unfairly dismissed; no Polkey reduction was applied as she would have succeeded in the new role.
Timeline
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Employment started
Claimant began work as Learning and Development Manager at the Financial Reporting Council.
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New line manager appointed
Anthony Shivbarat became the Claimant's line manager, replacing Jenny Waterman.
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Claimant emailed CEO about overwork
Claimant raised concerns about excessive workload and pressure from managers.
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Claimant placed at risk of redundancy
Claimant was informed her role was at risk and placed in a pool of one.
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First redundancy consultation meeting
Meeting with Ms Waterman and Mr Shivbarat; Claimant told to apply externally for new DDM role.
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Grievance hearing
Claimant's grievance about the redundancy process was heard but not upheld.
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Claimant signed off sick with stress
Claimant broke down during a Teams meeting and was signed off work.
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Interview for DDM role
Claimant interviewed for the new Design and Delivery Manager role but scored lower than external candidates.
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Final redundancy consultation
Claimant told she was unsuccessful and would be dismissed.
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Employment ended
Claimant's employment terminated by reason of redundancy.
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Liability hearing
Employment Tribunal heard evidence on liability and Polkey.
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Judgment and remedy
Tribunal found unfair dismissal and awarded £21,696.25 compensation.
The legal issue
The tribunal had to decide whether the employer acted reasonably in making the claimant redundant by placing her in a pool of one, failing to offer her suitable alternative roles, and requiring her to compete externally for a new position.
The outcome
The tribunal found the claimant was unfairly dismissed. The employer restructured its HR team, creating a new Design and Delivery Manager (DDM) role and an HR Business Partner role. The claimant was placed in a redundancy pool of one and told she would have to compete externally for the DDM role. The judge held that the employer should have offered her either the DDM or HRBP role without requiring her to compete externally, as she was suitable and would have succeeded in the role. No Polkey reduction was applied.
Compensation:
- Total award: £21,696.25
Lessons & takeaways
- If you are placed in a redundancy pool of one, your employer should consider offering you a suitable alternative role without making you compete externally.
- A strained relationship with a manager does not justify excluding an employee from a fair redundancy process or failing to consider redeployment.
- Employers should ensure that HR advice is independent and not influenced by line managers who may have a conflict of interest.
- Long-serving employees are entitled to a reasonable process that considers their skills and experience when new roles are created.
This case shows how a redundancy process can go wrong when an employer fails to properly consider redeployment. The claimant, a Learning and Development Manager, had worked for the Financial Reporting Council for five years. When the HR team was restructured, her role was at risk and she was placed in a pool of one. A new Design and Delivery Manager role was created, but instead of being offered it directly, she was told to apply externally and compete with other candidates. The tribunal found this was unreasonable, particularly as she had the skills and experience for the role and would have succeeded if offered it without competition.
What the employer could have done differently
The employer could have avoided this outcome by treating the claimant as a suitable candidate for the new role and offering it to her without requiring a competitive interview. The tribunal noted that the relationship with her line manager had become strained, but this did not justify the flawed process. The employer also lacked independent HR advice, which may have contributed to the decision to make her compete externally. A fairer approach would have been to consider her for the new role as part of the redeployment process, rather than treating her as an external applicant.
Why this matters for similar claims
This decision reinforces that employers must take redeployment obligations seriously during a redundancy. Placing an employee in a pool of one does not automatically mean they can be required to compete for a similar role. If the employee is suitable, the employer should offer the role directly. The absence of a Polkey reduction here—meaning the tribunal found she would have been appointed to the role—shows that tribunals will look critically at processes that effectively force a redundant employee to re-apply for their own job. For employees facing redundancy, this case highlights the importance of challenging a process that seems designed to exclude them from a suitable alternative role.
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