Getting redundancy procedures wrong can cost financially and damage your reputation. If you are facing a business or workplace closure, or need fewer employees to carry out particular work, Matt McBride, Fiona Powell and Charlotte Rees-John from the Freeths Employment team can support you, whatever the scale of your redundancies or restructuring.

Individual consultation, collective consultation or both?
If employees are at risk of redundancy, you must consult on an individual basis. If 20 or more employees at a single establishment face dismissal on the grounds of redundancy within a rolling 90-day period, you are obliged to carry out collective consultation as well.

Tips for individual consultation

1. Consult early, consult everyone – Consultation should happen at a stage where employee feedback could make a difference. Employees who are not in work during the consultation process (long-term sick, family or other leave) must be included.
2. Consider comments on your pool and selection criteria – Avoid challenge in a tribunal by listening to staff feedback on the pool of employees selected as at risk and the selection criteria for redundancy when making your decisions.
3. Apply reasonable thought to selection criteria – Your criteria should be objective and checkable. Last in, first out and attendance are objective but potentially discriminatory and disciplinary record is unlikely to give you the numbers. An objective interview process alongside prior performance might be a...

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