What may happen if an employer fails to comply with redundancy consultation procedures?
If an employer fails to comply with the collective consultation procedures, affected employees may bring a complaint before an employment tribunal. If a tribunal finds the complaint well founded then it will make a declaration to that effect and may make a protective award. The award requires the employer to pay the employee remuneration for a protected period that will begin on the date on which the first of the dismissals to which the complaint relates took place. If an employer fails to consult on an individual basis, an affected employee may bring a complaint of unfair dismissal.
The relevant definition of redundancy for the purpose of collective consultation is a "dismissal for a reason not related to the individual concerned". This includes the situation where an employer proposes to dismiss and re-engage employees who do not agree to a proposed variation of their contract.