Perfunctory Redundancy Consultation

In the recent case of Thomas v BNP Paribas Real Estate, The Employment Appeal Tribunal

(EAT) ruled that 'perfunctory and insensitive' redundancy consultation was likely to make a redundancy dismissal unfair.

In this case, the EAT allowed the Claimant's appeal against the finding that his redundancy dismissal was fair. 

 

Background

The Claimant had over 40 years' service, ending up as a Director of the Respondent's property management division. After a strategic review, the Claimant was put at risk of redundancy and immediately put on 'garden leave' and told not to contact clients or colleagues.

The Respondent then made a number of procedural errors, including getting the Claimant's first name wrong in a letter. However, the employment tribunal found that the dismissal was fair.

The EAT quashed the decision, remitting the claim to a different employment tribunal. In doing so, the EAT was critical the decision to put the Claimant on garden leave and to prohibit contact with colleagues during the consultation period.

The takeaway 

Whilst the EAT acknowledged that a 'perfunctory and insensitive' redundancy consultation did not automatically make a redundancy dismissal unfair, it was likely to. To avoid the risk of an unfair redundancy dismissal, employers should carry out a proper consultation process and avoid making any procedural errors.

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