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How to consult on an individual basis during a redundancy exercise

Author: Lavina Daryanani

Summary

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  • Remember that employees must be consulted individually regardless of the number of proposed redundancies.
  • Follow a fair redundancy procedure, whether or not collective consultation is required, including an early warning that redundancies are contemplated, and consultation on the selection method.
  • Decide on the timetable for consultation, ensuring that consultation is meaningful, commenced at a sufficiently early stage and completed before any notices of dismissal are issued.
  • Comply with the obligation to consult collectively if proposing to dismiss as redundant 20 or more employees within a period of 90 days or less.
  • Undertake meaningful consultation by giving employees the relevant information, allowing them to express their views and giving genuine consideration to those views.
  • Make clear that no final decision will be taken until the consultation process is completed.
  • Ensure that employees who are absent from work are fully included in the consultation process.
  • Undertake a reasonable search for alternative employment for employees selected for redundancy and discuss any options with affected employees.
  • Offer employees on maternity, adoption or shared parental leave any suitable available vacancies in priority to other employees.