A new Employment Appeal Tribunal (EAT) case is a reminder of the importance of good consultation during a redundancy process. Background
The claimant (and his colleagues) were not consulted about redundancy proposals. The employer started their processes with pooling and scoring. The claimant’s dismissal was unfair due to the lack of early consultation about the redundancy proposals (amongst other reasons).
Practical takeaway
Start early – this case is a reminder that you should start consultation at an early stage, ensuring enough information is being provided and enough time is given for employees to respond (and for those responses to be considered carefully).
Correcting the past – interestingly, the EAT held that the employer’s appeal (held at the claimant’s request) could not correct the lack of consultation which should have happened with the workforce at a much earlier stage.
Purpose of consultation – the case again reminded that consultation should be all about avoiding dismissals or reducing the impact of redundancies. The lack of early consultation meant this was not possible, therefore making the process unfair.Get in touch if you’re having to consider making redundancies – we’ve got solutions to support.
