Jurisdiction(s):
United Kingdom

Small-scale redundancy consultation clarified: Court of Appeal rejects mandatory workforce-wide consultation and clarifies ‘formative stage’ and scoring disclosure (ADP RPO UK Ltd v Haycocks)

Published on: 31 October 2024

Published by a LexisNexis Employment expert

Legal News

Article summary

What was the background?

The Claimant, Mr Haycocks, was engaged by ADP in London as a ‘sourcer’. In May 2020, owing to Covid-19, ADP determined that redundancies would be required within the team where he worked. He was placed in a pool of 16 employees in total and ranked lowest within that cohort. The scoring exercise was completed well before any consultation began. A routine, small-scale redundancy exercise then followed, with ADP conducting individual consultation meetings with each of the 16 pooled employees, in turn and on an individual basis. The final consultation took place on 14 July 2020, when the Claimant was told he had been selected for redundancy and was dismissed. The following day it was noticed that his scores had not been provided during the process, and they were promptly sent to him. The Claimant appealed against the redundancy decision and an appeal process—found by the Tribunal to have been conscientiously conducted—was undertaken. His dismissal was upheld. The Employment Tribunal rejected the Claimant’s unfair dismissal complaint, concluding the redundancy procedure was fair overall. The Claimant appealed to the EAT.

What did the courts decide?...

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