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
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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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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