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ARTICLE · 06 AUGUST 2008

Redundancy Consultation Reminder

A rather timely reminder in the Employment Appeal Tribunal has been issued in relation to consultation on redundancy and the considerations a Tribunal should have when looking at that consultation.

United KingdomEmployment and HR
Darren Sherborne
Darren Sherborne

A rather timely reminder in the Employment Appeal Tribunal has been issued in relation to consultation on redundancy and the considerations a Tribunal should have when looking at that consultation.

In the case of Ardtaraig Farming Company v Alistair Young a handyman on a farm estate was made redundant as the Managing Company felt there was insufficient work to keep him on.

The employee asked to go part time but was refused during the consultation process on the basis that the job could not be carried out part time. Following this they employed a Game Keeper to work on a self employed basis.

In this case it was clear that during the consultation period the employer should have had regard to the possibility of the employee continuing to do the work on a self employed basis. It is important to note that the Tribunal was not saying the employer had to agree to the employee doing it on

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