Hi Fraggle,

With individual redundancies, in fact any number less than 20, there is no minimum or maximum period over which consultation should take place.  On occasion, a single redundancy might be fairly concluded within a week.

So far as maximum periods are concerned, if the delay is because the employer is genuinely trying to ensure that redundancies don't take place then it might not make a difference to the fairness of the process.   However, if the process is being drawn out in an attempt to destabilise the employees concerned and in the hope that they will find work elsewhere and leave without having to pay redundancy and notice, then such behaviour would of itself be evidence of unfairness in the procedure.  It could also arguably be treated as a breach of trust and confidence, entitling the employees affected by this delay to resign and claim constructive dismissal.  However, that is a more difficult claim to raise in these circumstances as the employees would effectively be claiming that their contract was breached by their employer not dismissing them, which is the reverse of the usual constructive dismissal argument.

Paul