This is a preview. To continue reading please log in or Register to read this article

Reasonableness: Employer need not actively consider consultation

This report relates to 1 case(s)

In Polkey v AE Dayton Services Ltd, the House of Lords ruled that a redundancy dismissal will usually be unfair if the employee was not warned or consulted prior to dismissal. But the Lords said there may be exceptions to this rule where the employer, at the time of dismissal, could reasonably take the view that consultation or warnings would be useless.