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, 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 of whatever length the tribunal considers to be just and equitable, having regard to the seriousness of the employer's failure to consult, subject to a maximum of 90 days.
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.