Does the council have to consult with trade unions and individuals in a voluntary redundancy process?
Generally, a redundancy will be unfair if the employer fails to consult with the affected employees on an individual and, where relevant, a collective basis. A voluntary redundancy scheme does not remove these obligations. A voluntary redundancy remains a dismissal in law under the Employment Rights Act 1996. The employee has not resigned by applying and being accepted for voluntary redundancy and is therefore in the same legal position as those employees selected for compulsory redundancy. Employers must act reasonably in line with the Employment Rights Act, which requires, among other things, consultation with employees who may be affected by redundancy, and this will therefore include employees who have been accepted for voluntary redundancy. However, in a voluntary redundancy situation the consultation is likely to be a straightforward process.
