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How to consult on an individual basis during a redundancy exercise

A guide explaining how employers should carry out individual consultation during a redundancy exercise, including key steps to ensure a fair and lawful process.

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By Lavina Daryanani

Section 139(1) of the Employment Rights Act 1996 provides that a dismissal is by reason of redundancy where the employer ceases carrying on the business in which the employee worked; ceases carrying on the business in the place in which the employee worked; or needs fewer people carrying out work of the kind that the employee performed.

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  • Follow the principles of a fair redundancy procedure
  • Set a timetable for consultation
  • Collective consultation
  • Individual consultation
    • Inform employees of potential redundancies
    • Hold meetings with those provisionally selected for redundancy
  • Include absent employees in the consultation
  • Explore alternative employment
  • Notify employees of the outcome

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Latest updates

Updated to reflect that the right to be offered suitable alternative employment is extended to pregnant employees and employees returning from maternity leave from 6 April 2024.

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About the author

Lavina Daryanani

Lavina Daryanani is a solicitor in an employment lawyer in the Government legal department. She is experienced in advising employers on a wide range of employment law issues and in defending tribunal claims. Lavina has also provided training on various aspects of employment law to managers and HR professionals.

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