It is not for a tribunal or court to tell a business how it should be organised, but what they want to see is that where changes need to be made, there has been a fair and reasonable consultation process followed with those who might be affected.
We can advise on that process, whether employees should just be slotted into roles and when there should be competitive interview. We will advise on what should happen to those on long term sick or on maternity leave.
Sometimes a business needs to reduce its staffing levels, this may because a new process has been introduced or just that business is not going as well as it should. We can advise on the redundancy process, including consultation. When there are 20 or more employees who are affected when special rules apply. Affected employees must appoint representatives; the business must advise the Government of the numbers involved and must consult for set minimum periods.
Failure to follow the correct procedure for collective consultation can result in fines and those employees who leave the business being awarded up to 90 days actual pay as well as any compensation for unfair dismissal if that claim is successful.