The problem isn’t with HR professionals understanding the law. It’s with line managers who lack the skills to conduct meaningful redundancy consultation meetings.
The Hidden Cost of Poor Consultation Skills
“I’ve seen the whole spectrum of emotional reactions that people experience just from being told they’re at risk of redundancy,” Dan explains. “What’s become really apparent is that how you handle those initial conversations can determine whether you end up facing litigation.”
Dan’s own experience of redundancy as a junior lawyer taught him a harsh lesson: “It wasn’t explained to me in the right way. It was very transactional and that had an adverse impact on my confidence, even though it was nothing to do with me whatsoever.”
This transactional approach is exactly what creates problems. When managers treat redundancy consultation meetings as box-ticking exercises, employees become disgruntled, conversations derail and HR teams get pulled into damage control mode.
The Four Pillars That Transform Consultation Meetings
Dan’s solution centres on four core management skills that become particularly crucial during redundancy processes: communication, courage, candour and curiosity. These aren’t just nice-to-have qualities – they’re essential competencies that can mean the difference between a successful process and an employment tribunal claim.
Curiosity: The Underrated Superpower
“Curiosity is hardwired into our brains,” Dan notes. “When you have curiosity, it triggers positive neurological responses. It makes us more adaptable to change and more open to communication.”
In redundancy consultation meetings, curiosity transforms the dynamic from a scripted monologue to genuine dialogue. Dan recalls a remarkable example: “A lady who after 15 years was at risk of redundancy mentioned she was bilingual and spoke French. There was a vacancy in the French entity of the company for exactly her role. But it never would have come out without a manager asking curious questions about her future aspirations.”
This demonstrates the legal requirement for exploring alternatives to redundancy isn’t just compliance – it’s an opportunity to find solutions that benefit everyone.
Candour: The Courage to Care
Drawing from the concept of “radical candour,” Dan emphasises the importance of honest communication that stems from genuine care. “Candour is the ability to be honest in circumstances where you care personally about someone,” he explains.
In redundancy and employment law, this becomes crucial when selection criteria are revealed. Dan frequently sees cases where employees discover performance issues for the first time during redundancy processes: “You get an employee challenging their performance metrics when poor performance is completely new information for them. You automatically have someone who is disgruntled and presents a litigation risk.”
The solution? Address performance issues as they arise, not during redundancy consultations.
Courage: Beyond Avoiding Difficult Conversations
“Courage should be the job description,” Dan states bluntly. “In the context of redundancy, that’s about having the ability to face emotion and maintain professionalism despite what might be thrown at you.”
The difference between courageous and cowardly leadership is stark. I’ve seen a CEO stand on a chair in the canteen after redundancy announcements, saying “Ask me whatever you want” – earning lasting respect through his willingness to face difficult questions. Conversely, I’ve witnessed a director dial into a meeting via video conference to deliver redundancy news, then immediately disconnect, leaving shocked employees wondering what had just happened.
Communication is More Than Just Words
“The words you speak only account for about 7% of the meaning of the message,” Dan reveals. “Tone of voice is 38% and body language is 55%.” So the quality of redundancy consultation meetings are heavily dependent on how managers show up, not just what they say.
Active listening becomes particularly powerful here. “The more you listen, the more likely someone might have a brilliant solution. But even if they don’t, listening naturally increases understanding and decreases frustration.”
Getting HR Out of the Weeds
Dan’s frustration with current practice is evident: “It’s far too often that we see managers doing everything possible to shy away from having redundancy conversations and using HR as the crutch.”
His advice for HR professionals? “Try and reframe from working in the redundancy process to working on the redundancy process. It’s not HR’s job to deliver every meeting or draft every script. It’s HR’s job to design the process and partner with the business on achieving the best outcome.”
The Employment Law Reality Check
From a redundancy law perspective, Dan emphasises that while legal compliance is essential, it’s not what employees care about initially: “The employees who are impacted aren’t really fussed about legal compliance. What bothers them most is emotional acknowledgement.”
However, when emotional needs aren’t met through proper consultation, employees become more likely to scrutinise the legal aspects: “It’s easy to poke a hole in the fact that you didn’t have that consultation meeting when you said you were going to or that some of your selection criteria are allegedly indirectly discriminatory.”
Building Manager Capability for Better Outcomes
Dan’s approach focuses on prevention rather than cure. “Train your managers, especially new managers or aspiring managers, in these skills. Then give them the psychological safety to practice.”
The investment in manager development pays dividends in reduced legal risk, better employee relationships and less strain on HR teams. “If you’re not walking out of consultation days feeling exhausted, there’s a case to be made that you haven’t done your job properly,” Dan notes. “It should be tiring because you’re actively listening and engaging with people facing significant change.”
Building Capability for Better Outcomes
Effective redundancy consultation require more than legal knowledge. They demand skilled managers who can navigate difficult conversations with humanity and professionalism. When organisations invest in developing these capabilities, they protect themselves legally while treating departing employees with the respect they deserve.
As Dan points out: “Nobody wants to make anybody redundant. But if you’re going to do it, equip your managers with the skills to do it properly.”
Dan Smith is a Legal Director at People Law, specialising in employment relations advice and manager development. Connect with People Law on LinkedIn to learn more about their approach to building management capability.
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