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Case law
Capita Hartshead Ltd v Byard

An actuary’s workload shrank as some of the pension schemes she worked on wound up or moved to other providers, through no fault of her own

The ruling

EAT upheld unfair dismissal after employer failed to justify why she alone was in the redundancy pool.”

Being the only person in your redundancy pool isn't automatically unfair, but your employer's reason for keeping the pool that narrow has to genuinely hold up, not just sound plausible.

  • Ask your employer directly why colleagues doing similar work weren't included in your pool.
  • Push for the actual evidence behind any stated risk or reason, not just the conclusion.
  • If the reasoning falls apart under basic questioning, that's a real sign worth raising, not just a technicality.
Read the full case

The situation

An actuary's workload shrank as some of the pension schemes she worked on wound up or moved to other providers, through no fault of her own. Her employer decided her role should be made redundant and put her forward as the only person in the selection pool.

There were other actuaries at the company who did broadly similar work. The employer's reasoning for not including them was that moving a client's pension scheme to a different actuary risked damaging the relationship with that client.

What the tribunal found

The tribunal, and then the EAT on appeal, disagreed with how narrow the pool was. The risk of losing a client by switching actuaries turned out to be slight, and the employer already knew of cases where an actuary had changed with no harm to the client relationship at all.

The EAT set out a principle that matters well beyond this case: a tribunal must carefully scrutinise whether an employer genuinely applied its mind to who should be in the redundancy pool. It's not enough for an employer to assert a reason for a narrow pool. That reason has to actually hold up.

For more on what to check before you volunteer for redundancy, including how pool selection interacts with a voluntary scheme, see our guide on voluntary redundancy: what to know before you volunteer.

Full citation

Capita Hartshead Ltd v Byard. UKEAT/0445/11. Employment Appeal Tribunal. 2012.

Last reviewed 11 July 2026