• although as a general rule an employee in a senior position who is being made redundant ought in fairness to make clear at an early stage that he is prepared to take a more junior position, if that is so, there is no hard and fast rule to that effect - it is a matter of fact to be determined by a tribunal in each case; and

• an employer's failure to consider whether it would be appropriate to dismiss another employee whose position is not redundant (even from a more junior position) and offer his job to a potentially redundant more senior employee can make the resulting dismissal of the senior employee unfair.

For relevant general notes see Redundancy/bumped redundancies and/or Unfair dismissal/redundancy and unfair dismissal/selection for redundancy being unfair