In a very small voluntary organisation (one employee) where for financial and other reasons there is a need to reduce the administrator position to a three day week and, at the same time, change it significantly, outsource much of the administration work and introduce professional aspects for which the existing employee is not qualified and has no experience, is it necessary to discuss options with that existing employee prior to redundancy or can s/he simply be told that the position is being made redundant, end of story?

Posted in : First Tuesday Q&A ROI on 7 February 2012
Barry Walsh
McDowell Purcell
Issues covered:

The procedural, and particularly the consultation, obligations on an employer in a redundancy situation are quite significant. It would virtually never be recommended to simply notify an employee that their position is being made redundant without first conducting some sort of consultation.

The extent of that consultation will depend on the exact situation but it is clear from Employment Appeals Tribunal (EAT) case law in particular that an employer has an obligation to consult on the need for the redundancy in the first place and any alternatives to that redundancy. Consultation allows the employee an opportunity to suggest alternatives that occur to him/her. Whilst such suggestions should

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Back to Q&A's This article is correct at 02/09/2015

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Barry Walsh
McDowell Purcell

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