Employment Review

    View Author February 2011
    Employers have flexibility when selecting potentially redundant employees for alternative employment, says EAT in Morgan v The Welsh Rugby Union.
    Picture the scene – an employer decides to restructure its business, as a result of which two roles are identified as redundant. Both employees are put at risk of redundancy and given the opportunity to apply for the one role that will be created in the new structure. Both are quite capable of carrying out the new role. Who should the employer pick and what process is it required to follow in making that decision (bearing in mind that the unsuccessful applicant will lose his job)?