Template redundancy consultation and provisional selection letter

What’s a template redundancy consultation and provisional selection letter and when do you need it?

You should use this letter when you have provisionally selected an employee for redundancy and you need to consult with them individually about this for the first time.

Prior to this, you may have sent a notice letter to all employees warning them of a potential redundancy situation.

Redundancy situations are never pleasant and can spark a lot of employee angst and complaints. To mitigate your employment law risk here and run your process as smoothly as possible, with minimum impact to your continuing workforce and its productivity, it’s vital that you get the timing and the detail right.

We strongly recommend taking expert advice right from the moment that the departure of one or more of your employees is under consideration. What you do right at the start may well dictate what you can legally do next and how much flexibility you have to achieve your preferred outcome.

Please note that the set of letters produced are based upon an individual redundancy exercise.

There are different rules for collective redundancy, which starts with 20 or more employees being under threat of redundancy. The collective redundancy exercise is more prescriptive and has to follow a fixed timetable before redundancy notice can be issued.

There is a general duty in an individual redundancy exercise for the employer to have meaningful consultation with the affected employees.

This could just mean having one consultation meeting. Our suite of letters have been drafted based upon 2 (or more) meetings being held with the affected employees. This is in line with good practice.