Redundancy - Is A Consultation Process Really Necessary?

With the number of redundancies on the increase, this is a question frequently being asked by Guernsey employers. The answer is always the same. Based on past Tribunal decisions and the Commerce & Employment Code of Practice, the answer has to be a resounding "yes".

Employers need to appreciate the importance of a consultation process in any redundancy situation (however large or small the organisation). In fact, the Tribunal just recently reaffirmed its importance in the recent case of Guernsey Gas Limited.

Following its decision to undergo a restructuring programme driven primarily by the need to reduce overheads, Guernsey Gas embarked on a consultation process which it claimed was "clear, fair and best practice procedure". Mr T, who was selected for redundancy, disagreed, claiming that the procedure was flawed, and brought an action before Guernsey's Tribunal for unfair dismissal.