LRD guides and handbook October 2013

Redundancy law - a guide to using the law for union reps

Chapter 5

Individual consultation and redundancy selection

The High Court has given guidance on what fair individual consultation means. In R v British Coal ex parte Price [1994] IRLR 72, it said fair consultation must include giving the person being consulted a proper opportunity to fully understand the issues and to express views on them, and giving genuine consideration to these views. There should be consultation with the individual employee at every stage of the redundancy process, once they have been provisionally identified as at risk.