Can we interview external candidates during a redundancy consultation process?
Published on: 07/08/2018
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Article Authors The main content of this article was provided by the following authors.
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris fullerton from arthur cox ni
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>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.

Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.

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?

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 vacancies externally would arguably interfere with this objective. However, every case is different and will depend on the particular facts and circumstances of the case when assessing fairness.

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Disclaimer 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. This article is correct at 07/08/2018