Individual Redundancy Consultation and Maternity Protections Employers Must Know

Individual Consultation

Even when collective consultation is not required, employers must hold individual consultation with affected staff. This applies where fewer than 20 redundancies are proposed.

Meetings should be open and transparent. Employers must explain the reasons for redundancy, the selection process, and the timeline. Employees must be told that no final decision has been made.

Staff should have the chance to suggest alternatives, raise questions, and put forward their views. Employers must listen to feedback and record discussions.

Employees also have the right to be accompanied by a colleague or trade union representative at meetings. They must be given adequate notice to arrange this.

Appeals

Employees should be given the right to appeal a redundancy decision. The appeal process must be clear and fair, with a set timeframe.

Maternity and Pregnancy Protection

Employees who are pregnant or on maternity leave are in a “protected period” under the law. Employers must offer them any suitable alternative employment, even if they have not applied for the role.

Failing to do so is automatically unfair dismissal under the Employment Rights Act 1996. It may also amount to unlawful discrimination under the Equality Act 2010.

This protection extends for up to 18 months after childbirth, giving staff security when returning from leave.

Conclusion

Individual consultation is a legal requirement and ensures fairness even in smaller redundancy exercises. For pregnant employees or those on maternity leave, enhanced protections apply. Employers must prioritise suitable vacancies for these staff to avoid claims of unfair dismissal or discrimination.