Failure by an employer to discuss problems which may lead to an employee's dismissal will, save in exceptional circumstances, make dismissal of that employee "unfair dismissal", simply on the general grounds that the employer acted unreasonably (see Unfair dismissal/fair or unfair? ).

Since the earliest days of unfair dismissal the presence or absence of proper consultation before dismissing an employee has been an important factor taken into account in deciding whether a dismissal is fair or unfair (see for example James v Waltham Holy Cross UDC NIRC 1973 ICR 398). This is reflected in the ACAS Code of Practice on Disciplinary and Grievance Procedures (CoP 1), March 2009 which as a general rule requires an employer to have meaningful discussion with an employee before taking any disciplinary action against him or her, including dismissal (see Disciplinary and Grievance Procedures - 2009 changes/ACAS Code of Practice ).

In addition to the general duty to consult, there are special statutory rules requiring employers to consult with employees in connection, for example, with impending "collective redundancies", transfers of business ownership and health and safety matters. There is also a duty to disclose pension scheme information.

See notes generally at Unfair dismissal/fair or unfair? and/or at Implied terms in employment contracts/duties of employer .