You brief a team member that their role is at risk. You show them their selection scores. You hold a short meeting. You confirm dismissal soon after. They disagree with the scoring, but nothing changes. Have you genuinely consulted, or just completed the steps?

In Thomson v Powys and another, the tribunal said that even if redundancy itself may have been justified, the flawed procedure made the dismissal unfair.

What happened?

A teacher faced redundancy during a restructuring. The governing body set a selection pool and applied criteria. It arranged consultation meetings. However, the teacher had little real chance to question the scoring or influence the outcome. The process moved quickly from assessment to dismissal, with limited engagement on the details.

The teacher brought a claim for unfair dismissal. The dispute focused on process, not the need to reduce roles.

What did the Tribunal decide?

The Tribunal found the dismissal unfair. It agreed said the process was procedurally unfair because the consultation lacked substance. The teacher did not have a meaningful opportunity to challenge their selection.

Why did it reach that decision?

The law accepts redundancy as a fair reason to dismiss. But the employer must follow a fair process. Genuine consultation sits at the centre of that process.

Genuine means you keep an open mind. You give the employee enough information to understand the case against them. You allow them to respond. You consider that response before you decide.

In this case, the tribunal saw a process that looked complete but felt closed. The employer presented scores and moved forward. It did not create space for real challenge or change. That turns consultation into a formality.

The tribunal applied the standard test: whether a reasonable employer would have acted in this way. It decided no. A reasonable employer would have allowed more time and engagement before confirming dismissal.

This matters in practice. Employers often rely on scoring matrices to support objectivity. That is sensible. But scores are not the decision. They are part of a process. If you treat them as fixed too early, you remove the very purpose of consultation.

What should you do?

• Build consultation into your timeline as a live stage, not a closing step. Do not finalise outcomes before you hear from affected employees.
• Share the details behind decisions. Provide scores, criteria, and examples. Invite challenge and take it seriously.
• Pause before sign-off. Allow time between consultation and decision so you can reflect and, if needed, revise.
• Prepare managers for scrutiny. They should expect questions and respond with evidence, not defensiveness.
• Document your thinking. Record what employees said, what you considered, and what you changed. That record will carry weight if challenged.

Source: EMPLOYMENT TRIBUNALS