My Employer Scored Me for Redundancy Before Even Consulting Me
Based on: De Bank Haycocks v ADP RPO UK Ltd [2023] EAT 129 · View judgment
The Scenario
A recruitment consultant was scored on 17 subjective criteria before consultation began. Scores were never shared. One colleague volunteered, leaving the claimant as the only forced redundancy.
The Conversation
This is how Case Buddy would handle this scenario — the same experience you get on the platform.
You
Case Buddy
You
Case Buddy
The Correct Legal Position
- •Even in small-scale redundancies, employers must conduct meaningful individual consultation at a formative stage — before decisions are finalised.
- •Conducting a scoring exercise before consultation begins renders the process unfair, as the employee cannot influence the decision.
- •Employees should be told their scores and given the chance to challenge them.
- •The individual must still be consulted meaningfully about selection criteria, scores, and alternatives.
What the Court Decided
The EAT found the absence of consultation at the formative stage made the dismissal unfair. The employee could not influence the employer's decision.
Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).
Facing a similar situation?
Describe your situation to Case Buddy and get free legal information tailored to your facts.
Start a Free CaseStay informed
Get legal tips and Case Buddy updates delivered to your inbox.