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 7 August 2018
Chris Fullerton
Arthur Cox NI
Issues covered:

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 to minimise the number of job losses by redeploying affected individuals where possible. To open up

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Back to Q&A's This article is correct at 07/08/2018

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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