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Employment4 min read30 April 2026

Why Was I the Only One Considered for Redundancy?

Based on: Valimulla v Al-Khair Foundation [2023] EAT 131 · View judgment

The Scenario

A fundraiser was placed in a pool of one for redundancy during the pandemic, despite three colleagues doing the same role in other regions.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I worked as a Masjid Liaison Officer for a charity since February 2018, doing fundraising in the community in the North West. Three other people did the same job in different parts of the country. During the pandemic, the charity decided to make redundancies and put me in a "pool of one" — meaning I was the only one being considered for redundancy. They held three consultation meetings, but nobody ever explained to me why I was the only one in the pool when three other people did the same role.

Case Buddy

Thank you for explaining this. It sounds like you were singled out for redundancy without being told why you were the only one being considered, despite others doing the same job. To clarify — were the three consultation meetings about anything other than confirming you were being made redundant? For example, did they discuss alternative roles or why you specifically were selected?

You

They were mainly just going through the motions. Nobody addressed why I was the only one in the pool. They never discussed why the other three people doing the same role were not at risk.

Case Buddy

Here is the legal position: For a redundancy dismissal to be fair under Section 98(4) of the Employment Rights Act 1996, the employer must follow a fair procedure. This includes **meaningful consultation** with the affected employee. **The pool-of-one issue:** - Where an employer places someone in a redundancy selection pool of one, they must consult with the employee on the question of **pooling** — specifically, why they were singled out rather than being assessed alongside comparable employees - Three other people performed the same or similar role. The employer needed to explain why you were the only one at risk - Holding consultation meetings is not enough if those meetings do not address the fundamental question of why you were selected **What this means for your situation:** - If the employer failed to consult on the key question of why you were in a pool of one, the dismissal is likely to be **procedurally unfair** - The consultation meetings were not meaningful if they did not address the pooling decision - You would need to have had 2+ years' continuous service to bring an unfair dismissal claim (you had been there since February 2018, so this appears to be met) **Compensation:** - If the dismissal is found to be unfair, compensation includes a basic award (based on age, length of service, and weekly pay) plus a compensatory award for financial losses **Time limit:** The deadline for bringing an employment tribunal claim is generally 3 months less one day from the date of dismissal. Contact ACAS for Early Conciliation first. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

  • For a redundancy dismissal to be fair under s.98(4) ERA 1996, the employer must follow a fair procedure including meaningful consultation.
  • Where an employee is placed in a pool of one, the employer must consult on the question of pooling — why they were singled out.
  • Consultation meetings are not meaningful if they do not address the pooling decision.
  • Failure to consult on pooling renders the dismissal procedurally unfair.

What the Court Decided

The EAT held the dismissal was unfair because the employer failed to consult on why the claimant was in a pool of one. Compensation of over £16,000 was ordered.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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