During a redundancy consultation process is an employer entitled to interview external candidates for a vacant position in addition to interviewing employees at risk of redundancy?

Posted in : First Tuesday Q&A NI on 6 May 2015
Emma-Jane Flannery
Arthur Cox

It would not normally be appropriate to consider external candidates for a vacancy during a redundancy exercise. There is nothing wrong with implementing a competitive interview process to choose between candidates (i.e. to match vacant roles with the potentially redundant employees) but to consider external candidates as part of this process may result in a finding of unfairness.

In a redundancy exercise, the employer must make reasonable efforts to look for alternative employment as part of consultation (and in a collective redundancy situation this is particularly so). The aim of this is

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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