Case: De Bank Haycocks v ADP RPO UK Ltd [2024] EWCA Civ 1291
This case clarifies a critical issue for HR professionals: What does a ‘fair’ consultation look like in small-scale redundancy exercises?
What happened
A recruitment consultant, Mr De Bank Haycocks, was part of a 16-person team serving one client. Following a 50% reduction in demand, the employer selected him (based on pre-consultation scoring) for redundancy. He was not told his scores until his appeal.
The EAT ruled the process unfair. The Court of Appeal disagreed.
Why did it disagree?
- Fairness requires consultation before final decisions are made.
- But ‘formative stage’ does not always mean before scoring begins.
- A thorough appeal process can mitigate earlier flaws.
What should you do?
- Notify employees that they are at risk before decisions are made.
- Start consultation early and involve employees meaningfully.
- Be transparent about scoring criteria and allow challenge.
- Record discussions and decisions comprehensively.
- Share criteria and individual scores, ideally during consultation.
Document that consultation was genuine, not just going through the motions.
However, a procedurally fair appeal can rescue minor defects in consultation, though you should not rely upon it. Aim to get it right the first time.
Source: Judgment
