Timing of scoring in redundancy consultations

The Supreme Court has rejected an appeal from the Court of Appeal decision in De Bank Haycocks v ADP RPO UK Ltd, addressing the adequacy of consultation in redundancy exercises.

Mr De Bank Haycocks was placed at risk of redundancy and provisionally scored against selection criteria before consultation began. He argued that the consultation process was a sham, as the scoring had effectively determined the outcome by the time discussions took place.

The Employment Appeal Tribunal held that consultation must occur at a formative stage, when proposals remain open to influence. While employers are entitled to form provisional views, they must genuinely engage with employees and be willing to reconsider scoring, selection and alternatives to redundancy.

The Court of Appeal later upheld that approach, confirming that early assessment work is permissible but warning that consultation carried out after decisions have effectively been made will not satisfy the statutory test. The case reinforces the need for employers to ensure that redundancy consultation is meaningful and not treated as a procedural afterthought.