Joseph De Bank Haycocks v ADP RPO UK Ltd (2023)

The EAT held that the ET erred in ruling that a redundancy dismissal was reasonable without explaining why it was so, despite the Respondent not having adhered to the "general principles" that apply in such situations. In this case, a consultation had not taken place at a "formative stage where an employee or representative is given adequate information and time to respond and where genuine consideration is given to the response." The EAT concluded: "In this case consultation took place much later than the formative stage and the ET erred in concluding that the consultation was reasonable in the absence of an explanation why the general approach did not apply. The appeal did not correct the failure to meaningfully consult at the formative stage and the dismissal was unfair."