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I’m a Barrister at Atlantic Chambers looking at various aspects of Employment Law including new developments in case law and legislation.

Redundancies, Re-organisations and New Roles – The case of Mr L Morgan v The Welsh Rugby Union [2010] UKEAT/0314/10/LA

Background

The case of Mr L Morgan v The Welsh Rugby Union [2010] UKEAT/0314/10/LA is the latest case dealing with the law where redundancies arise due to a re-organisation and there are new, different roles to be filled.

In Morgan the Claimant, a National Elite Coach Development Manager was involved in a re-organisation in early 2008.  Mr Morgan’s post, together with a post held by one of Mr Morgan’s colleagues, Mr Schropfer were to disappear and the single post of National Coach Development was created.  There were three applicants for the post which included Mr Morgan and Mr Schropfer.  The Respondent considered that both Mr Morgan and Mr Schropfer were capable candidates but chose to appoint Mr Schropfer. Mr Morgan’s complaints in respect of the selection process included that the Respondent failed to compare the relative skills of Mr Morgan and Mr Schropfer, that the Respondent ignored its own job descriptions and person specification for the role, that the panel interviewing the candidates lacked a coaching expert, that Mr Schropfer was allowed more time than Mr Morgan to give a presentation which formed part of the interview process and that the Respondent failed to use the marking criteria laid down for the interview. Continue reading Redundancies, Re-organisations and New Roles – The case of Mr L Morgan v The Welsh Rugby Union [2010] UKEAT/0314/10/LA