A genuine redundancy and fair selection process aren’t enough on their own to carry out a fair redundancy dismissal. Employers also have a legal duty to explore alternative roles for affected employees – and taking a half-hearted approach risks making the whole process unfair.

That’s the clear message from the recent case of Hendy Group v Kennedy. Mr Kennedy was a training manager at a car dealership group, with over 10 years of previous experience in car sales. When his training role was at risk, he applied for several internal vacancies – mainly in sales – but was unsuccessful and then dismissed for redundancy.

The tribunal accepted that the redundancy was genuine. But it still found the dismissal unfair.

Why? Because the employer didn’t make a proper effort to help Mr Kennedy find another role. 

Key issues included:

  • He had to find and apply for vacancies like an external candidate
  • HR gave no help in identifying suitable roles
  • He was told further sales role applications would be rejected as his motive in applying for them was questioned
  • Managers weren’t told he was at risk of redundancy
  • Some emails were sent to an address he couldn’t access
  • No real attempt was made to match him to vacancies

The tribunal found that if the employer had acted fairly, Mr Kennedy likely would have found another role. He was awarded full compensation, with no Polkey deduction.

HR takeaway: Supporting employees at risk of redundancy isn’t just good practice – it’s a legal requirement. That means more than just pointing to a vacancy list. You need to:

  • Communicate clearly and supportively
  • Help identify and explore suitable roles
  • Ensure decision-makers know who’s at risk
  • Make sure practical barriers (like email access) don’t get in the way

In redundancy, how you handle the detail can make or break a fair dismissal.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

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