The EAT case of Pinewood Repro Ltd T/A County Print has reiterated that fair consultation during a redundancy exercise involves giving an employee an explanation for why s/he has been marked down in a scoring exercise ‘fair consultation involves the provision of adequate information on which an employee can respond and argue his case …’

In this case it was found that had the employee been able to challenge the marking then the markers could have considered his points.  If they then chose to adhere to original scores it would then have been difficult for the Tribunal to seek to interfere with that decision since there would have been proper consultation.  Authorities such as Eaton v King [1995] would have prevented the Tribunal from carrying out a microscopic analysis of the scoring system.