HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Genuine and meaningful consultation
Employers should carry out genuine and meaningful consultation before making redundancies. Consultation involves talking and listening to affected employees and should include consideration of ways to avoid or reduce redundancies. The employer does not have to accept an employee's suggestions, but should seriously consider them.
https://www.acas.org.uk/manage-staff-redundancies/redundancy-consultations
https://www.gov.uk/redundancy-your-rights/consultation
Individual consultation
Where fewer than 20 redundancies are proposed, employees should be informed and consulted individually before redundancies are finalised. There is no statutory minimum duration for individual consultation, but the process must be meaningful and employers should check their own policies, contracts and agreements for any additional requirements.
https://www.acas.org.uk/your-rights-during-redundancy/how-your-employer-must-consult-you
Final consultation does not mean a final decision
The fact that a meeting is described as the final consultation meeting does not remove the need for genuine consultation. The employee should have a real opportunity to raise concerns, provide information and suggest alternatives, and the employer should consider those matters before reaching a final decision.
https://www.acas.org.uk/manage-staff-redundancies/redundancy-consultations
Alternatives to redundancy
Consultation should consider ways of avoiding or reducing redundancies. This can include changes to working arrangements, restructuring, voluntary redundancy, redeployment and other practical proposals. Employers should also consider whether suitable alternative employment is available where appropriate.
https://www.acas.org.uk/manage-staff-redundancies/redundancy-consultations
https://www.acas.org.uk/manage-staff-redundancies/offer-alternative-work
Right to be accompanied
There is not a general statutory right to be accompanied at a redundancy consultation meeting. However, Acas recommends considering allowing employees to be accompanied at one-to-one redundancy consultation meetings. Employers should also check their own policies, contracts and any collective agreements for additional rights.
https://www.acas.org.uk/manage-staff-redundancies/redundancy-consultations
Collective consultation
If an employer proposes to make 20 or more employees redundant at one establishment within a 90-day period, collective consultation requirements apply. Individual consultation should also be considered alongside the collective process.
https://www.acas.org.uk/collective-consultation-redundancy
https://www.gov.uk/staff-redundant/redundancy-consultations
Decision and redundancy notice
Redundancy notice should only be given once the consultation and selection process has been completed. If the employee is ultimately selected for redundancy, the employer should provide the relevant details in writing, including the leaving date, notice arrangements, redundancy pay and other payments due, and an opportunity to appeal.
https://www.acas.org.uk/manage-staff-redundancies/give-employees-notice-of-redundancy
https://www.gov.uk/staff-redundant/giving-staff-notice