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 individual consultation by giving employees the relevant information, allowing them to express their views and giving genuine consideration to those views.
• If the duty to consult collectively does not apply, inform employees of the potential redundancies at group or individual meetings.
• Hold individual consultation meetings with those provisionally selected for redundancy.
• 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 in a protected period relating to pregnancy or family leave any suitable available vacancies in priority to other employees.
• Notify employees of the outcome of the consultation process and give employees the opportunity to challenge their selection for redundancy.