Employers must consult in redundancy selection process

11th January 2011

Employees across the region are being warned that they must give an explanation and sufficient information to employees involved in the redundancy selection process.

Leading employment lawyer, Tim Jones, who is a partner at Waterfront-based Higgs & Sons, says that employers need to provide sufficient information so that employees can challenge their performance scores.

Tim, head of Higgs' employment department, says that a recent case - County Print v Page - held that the claimant had been unfairly dismissed in relation to redundancy because of insufficient explanation and information being given by the employer to the employee.

"Mr Page's employer did not provide adequate consultation or explanations for his performance scores," explains Tim.

"As a result, Mr Page, was restricted in what arguments he could put forward in the course of the consultation process."

The ruling reinforces the importance of employees being informed of the reasons behind their selection for redundancy - as this tribunal found the claimant had good evidence to attack the reason for his selection for redundancy.

Tim continues: "The accuracy of the performance scores attributed to Mr Page was patently challengeable - the issue could have been dealt with in the redundancy selection process but for the employer's lack of consultation.

"We advise any employer unsure on how to deal with looming redundancies to seek professional legal advice to make certain procedures are being followed correctly."


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