Guidelines

What is individual redundancy consultation?

What is individual redundancy consultation?

A consultation process is a period of constructive dialogue and information-sharing between an organisation and its employee, which may or may not result in redundancy. The type of consultation depends on the number of employees being made redundant at the same time.

How long is individual consultation for redundancy?

There’s no time limit for how long the period of consultation should be, but the minimum is: 20 to 99 redundancies – the consultation must start at least 30 days before any dismissals take effect. 100 or more redundancies – the consultation must start at least 45 days before any dismissals take effect.

Can a single person be made redundant?

If the situation only places one employee is at risk, you will need to be able to justify why no other roles could also have been considered for redundancy. You can’t simply make an employee redundant because they’re underperforming, or you don’t like them.

Who can be present at a redundancy consultation?

Your employer might let you bring someone with you to your redundancy meetings – for example someone from your union or HR. It can be helpful to have someone there to take notes and support you.

Can you be made redundant without consultation?

If you do not consult employees in a redundancy situation, any redundancies you make will almost certainly be unfair and you could be taken to an employment tribunal. An employment tribunal could decide that you’ve dismissed your staff unfairly if you do not.

What should you not say when making someone redundant?

Don’t tell someone they’re being made redundant without giving them a firm end date. A definite finishing date will make it far easier for them to move on and start looking for a new job. Don’t ask people to keep quiet about their redundancy – at least not for more than a few hours.

How often should an employer have a redundancy consultation?

A redundancy consultation should involve at least two meetings with the employee and must be a genuine attempt by the employer to engage with its employee over the question of their possible redundancy. Employers should not begin the redundancy process with a fixed idea of who will be made redundant.

Can a trade union representative attend an individual redundancy consultation?

In particular, by involving employees in devising the selection criteria and allowing them to feed back on their individual score, and allowing your employee to be accompanied by a trade union representative or colleague from an early stage in the redundancy process, you should be able to avoid a claim in the Employment Tribunal. Need assistance?

Can a small business make only one employee redundant?

Sometimes, particularly in small businesses, a situation arises where only one employee needs to be made redundant. Without a pool of candidates to choose from, how do you prove that you’ve followed a fair redundancy process? Firstly, it’s important to remember that you’re making a post redundant, not a person.

How to manage staff redundancies step by step?

Managing staff redundancies: step by step. 1 Step 1: Check if redundancies are necessary. 2 Step 2: Follow the right process. 3 Step 3: Tell employees. 4 Step 4: Hold redundancy consultations. 5 Step 5: Select employees for redundancy.