Redundancy & Consultations
How important are consultations in redundancy situations in cases taken regarding unfair dismissal ?.
If an employer has no consultation process, or one that is inadequate or unfair prior to the decision to dismiss an employee by reason of redundancy, a charge of having applied unfair procedures will likely be made against the employer.
If you wish to contact us to discuss, we can be contacted on (01) 546 1121 or (052) 612 1999 or info@clearysolicitors.com
At Cleary & Co. we specialise in Employment Law and have many years of experience dealing with disputes successfully at this stage.

Case officers endeavour to assess all of the facts and make decisions on the entirety of the facts, but it is nevertheless correct to say it is a persuasive argument when an applicant puts forward a case that an employer did not act reasonably in terms of procedural fairness regarding a redundancy dismissal, if an employer applied either no consultation process or an inadequate one by design or omission.
The timing of when the Consultations arose is also important when a case officer is considering procedural fairness in an unfair dismissals case.
Consultations prior to making decisions on redundancies are very important in such matters.
Many employees faced with redundancy, receive the ‘Decision’ rather than the ‘proposal’ from the employer.
On occasions it arises that an employer makes the decision to dismiss by redundancy and then begins starts discussions with the employee. This is imprudent.
Prior consultative engagement with the employee is important for adherence to fair procedures, and alternatives to redundancy should be explored prior to the decision to dismiss.
An employee should be asked to make proposals to avoid the job loss, and should be asked at a consultation meeting why the employee considers they should be retained and what alternatives can they provide.
Employers should be able to demonstrate a thorough exercise was considered by them regarding alternative options.
After an consultation process is undertaken, and after a decision on redundancy is made, the employer should afford the employee with an avenue of appeal.
If an unfair dismissals case is taken, and a case officer finds a genuine redundancy situation arose, the case officer may still conclude an unfair dismissal arose as a result of an procedurally unfair dismissal process.
The conduct of an employer in relation to a dismissal must be reasonable as is required by S.6(7) of the Unfair Dismissals Act.
If the conduct of an employer is not reasonable, a case officer may conclude the applicant employee was unfairly dismissed.
Cleary & Co. Solicitors, Litigation Law Firm
Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Cleary & Co. Solicitors – Litigation Law Firm
If you have an employment law issue and wish to discuss it, Kieran Cleary and Roger Cleary are experienced Employment Law Solicitors who can help with questions you may have regarding such a matter.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in employment law and have a successful track record resolving disputes.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Employment Law Articles
- Employment Law Ireland
- Unfair Dismissal Ireland 2024
- Protected Disclosures
- Constructive Dismissal Ireland
- Redundancy Ireland
- Bullying at the Workplace
- Workplace Harassment
- Discrimination at the Workplace
- Disciplinary Meetings & Fairness
- Deduction from Wages – Employment Law
- Dyslexia Discrimination at the Workplace
- Disability Discrimination at the Workplace
- Discrimination – Interview Process
- Disciplinary Procedure & Unfair Dismissal
- Workplace Investigations Ireland
- Age Discrimination in the Workplace
- Redundancy & Maternity Leave
- Redundancy Ireland Guide
- Redundancy Calculator Ireland
- Selection Criteria for Redundancy & Performance
- Selection Criteria for Redundancy & Genuine Consultation
- Redundancy & Temporary Lay-Offs
- Unfair Selection for Redundancy
- Redundancy & Consultations
- Redundancy Selection – Alternative Options
- Redundancy Claim Defence – Redeployment
- Retirement Ages & Discrimination
- Sick Leave & Covid-19
- Sick Pay Leave Bill
- Sick Leave & Dismissal
- Sick Pay Entitlement
- Gross Misconduct & Dismissal
- Health & Safety Unfair Dismissal
- Annual Leave Entitlement
- Calculating Loss in Unfair Dismissal Claims
- Unfair Dismissal Ireland – Probation
- Disability Discrimination Ireland
- Unfair Dismissal Claim – Employee Duty to Mitigate Loss
- Employee Verbal Warning Appeal
- Employer Delays Bullying Investigation
- Epilepsy Discrimination at the Workplace
- Disciplinary Meetings – Employment Law
- Filling out Workplace Relations Complaint Form
- Fixed-Term Employee & Pregnancy Dismissal
- Fixing Retirement Ages
- Statutory Break Entitlements
- Redundancy Selection in Ireland
- Redundancy Selection Criteria Matrix
- Time Limits – Cases
- Student Discrimination
- Severance Agreements & Tax Advice
- Terms of Employment 5 Day Rule
- Text Message & Disciplinary Meetings
- Transfer of Undertaking
- Unfair Dismissal Claim- Dismissal in Dispute
- Compensation for Unfair Dismissal
- Unfair Dismissal Claim & CCTV
- Workplace Statutory Rest Periods
- Gardai & Employment Disputes
- Gender Dismissal Discrimination
- Grievance Procedures & Constructive Dismissal
- Guide for Employees in Redundancy Selection Process
- Maternity Leave & Salary
- New Postponement Guidelines WRC
- Legal Representation at Disciplinary Hearings
- Part-Time Workers
- Plumbers & Pipefitters
- Pre-emptory Dismissal
- Pregnancy related Discrimination
- Pregnancy related Unfair Dismissal
- Proving Fairness in Unfair Dismissal Actions
- Race Discrimination in the Workplace
- Red Circling Defence
- Workplace Relations Commission
- Employment Notice Periods
- 3 Ingredients to Prove Workplace Victimization
- Christmas Bonus for Employees
- Covid-19 Force Majeure Leave
- Redundancy Ireland & Covid-19
- Defence to Disability Discrimination Claim Ireland
- Workplace Discrimination – Gender & Family Status ground
- Discrimination on a Licensed Premises
- Discrimination in Schools
- Employers Guide to Defending Unfair Dismissal Ireland
- Workplace Whistleblowing Policy
- Temporary Lay-Off & Covid 19
- Temporary Lay-off & Non-Payment of Wages
- Severance Agreement & Legal Advice
- Unfair Dismissal Claim – Mitigating Loss

Need Legal Advice? No problem. Contact Us Today!
We assist people with Employment Law matters and have many years of experience at this point resolving workplace disputes.