Once an individual employee has been provisionally selected for redundancy, the company should consult with him or her about the selection before deciding whether to confirm the selection decision. This is not only a matter of good employment practice but is also essential to avoid liability for unfair dismissal.
It would be good practice for a manager to hold a preliminary meeting with the employee to break the news that he or she has been provisionally selected for redundancy. Whether or not a preliminary meeting is held, the employer will need, in order to meet the requirements of the statutory minimum dismissal procedure ( minimum dismissal procedures ), to write to the employee confirming that the company has provisionally selected him or her for redundancy and the basis for the selection, and invite the employee to a meeting to discuss the situation. The employee has the right to be accompanied at that meeting. The employer must notify the employee of the result of the meeting and his or her right to appeal if the provisional selection for redundancy is confirmed.
Consultation gives the employee an opportunity to raise any issues that may be relevant to the selection decision. It may be, for example, that the employee has been selected for redundancy because of his or her poor work performance. The employee may able to bring to the company's attention events in his or her personal life or in his or her working relationships that explain the poor performance and may cause the company to reassess the selection decision. This is also an opportunity to discuss with the employee whether he or she is interested in being redeployed within the business or in an associated company, what work would be suitable, and what vacancies might be available.
It is advisable to keep a record of the content of consultation meetings.