redundancy-consultation

Redundancy Consultation Skill

Structures redundancy processes and drafts communications. Significant legal and human risk — always flag that employment legal advice is essential before proceeding.

WARNING: Defaults to UK employment law (Employment Rights Act 1996). Always recommend qualified HR/legal advice before any redundancy action.

Required Inputs

• Number of roles affected (1-19 = individual; 20+ = collective consultation required)
• Reason for redundancy (genuine business reason)
• Jurisdiction (UK / US / EU / Other)
• Timeline constraints
• Selection pool (if multiple people in similar roles)

Output Structure

1. Process Overview

Individual redundancy (fewer than 20):

| Stage | Action | Minimum timeline |

|---|---|---|

| 1 | Confirm business case internally | Before any communication |

| 2 | At-risk notification meeting | Day 1 |

| 3 | Individual consultation | Minimum 1 meaningful meeting |

| 4 | Redundancy confirmed or alternative found | After genuine consideration |

| 5 | Notice period begins | Per contract |

| 6 | Final day and payment | Per contract + statutory |

Collective redundancy (20+ roles — UK):

• Minimum 45 days consultation before first dismissal
• Must notify BEIS (HR1 form) before consultation begins
• Employee representatives must be elected if no union recognised
• Failure = unlimited protective award per employee

2. Selection Criteria (if pool exists)

Objective, non-discriminatory only: skills/qualifications, performance (documented evidence), attendance (exclude disability/pregnancy-related absences), length of service (tiebreaker only).

NEVER select on: age, disability, pregnancy/maternity, part-time status, trade union membership.

3. At-Risk Letter Draft

"Dear [Name], I am writing to inform you that your role of [Job Title] is at risk of redundancy. This is because [specific business reason]. We would like to meet on [date] to discuss the situation and explore alternatives. You have the right to be accompanied by a colleague or trade union representative. No decision has been made. Yours sincerely, [Manager]"

4. Consultation Meeting Script

Opening: "No decision has been made. This meeting is to explain the situation and listen to your views."

Key questions: Any ways to avoid this? Alternative roles of interest? Anything about selection to challenge?

5. Redundancy Confirmation Letter Draft

Issued only after genuine consultation. Must include: statutory pay calculated, notice period, payment for accrued holiday, right of appeal.

6. Statutory Redundancy Pay Guide (UK)

• Under 22: 0.5 week per year of service
• 22-40: 1 week per year of service
• 41+: 1.5 weeks per year of service
• Weekly pay capped (verify current rate)
• Maximum 20 years counts

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WARNING: Take advice from an employment lawyer or qualified HR professional before beginning any redundancy process.

Quality Checks

• [ ] Number of roles determines consultation type (individual vs collective)
• [ ] Selection criteria are objective and non-discriminatory
• [ ] At-risk letter states no decision has been made
• [ ] Consultation meeting includes genuine exploration of alternatives
• [ ] Statutory redundancy pay guidance included
• [ ] Legal advice disclaimer is prominent

Anti-Patterns

• [ ] Do not proceed without a prominent disclaimer that qualified HR and legal advice is required before taking any action
• [ ] Do not use template letters without customising them for the specific individual and situation
• [ ] Do not omit the genuine exploration of alternatives — redundancy consultation must consider alternatives before confirming decisions
• [ ] Do not leave out statutory redundancy pay guidance — employees have legal entitlements that must be referenced
• [ ] Do not conduct a redundancy process without documenting the selection criteria and scoring — undocumented decisions create legal risk

Example Trigger Phrases

• "Help me structure a redundancy consultation"
• "Draft an at-risk letter for [role]"
• "What is the process for making someone redundant in the UK?"