Redundancy—fair procedure: individual consultation

Published by a LexisNexis Employment expert
Practice notes

Redundancy—fair procedure: individual consultation

Published by a LexisNexis Employment expert

Practice notes
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This Practice Note examines the need for a fair procedure on a dismissal for Redundancy, and the stages that should be included in that procedure.

Where there is no statutory obligation to consult with any existing employee representatives (see Practice Note: Collective redundancy—the triggers for the statutory Consultation obligations), the Employer may nonetheless wish to do so to ensure that the process is fair for Unfair dismissal purposes and for good industrial relations, particularly where there is a collective bargaining agreement to this effect.

For guidance on the procedure to be followed where statutory consultation obligations apply, or it is otherwise necessary to consult with union or other employee representatives, see Practice Note: Collective redundancy—statutory information and consultation obligations.

This Practice Note contains guidance on a fair procedure to be followed where:

  1. the statutory collective consultation obligations do not apply, and

  2. there is no other requirement (or need) to consult with union or other employee representatives, eg under a collective bargaining agreement

See also Practice Note: How to carry out individual redundancy consultation and

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Jurisdiction(s):
United Kingdom
Key definition:
Redundancy definition
What does Redundancy mean?

When an employee's role has diminished or disappeared such that it is no longer required by the employer.

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