Q&As

Are employees with fewer than two years' continuous service counted for the purpose of triggering statutory collective consultation obligations on redundancy?

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Published on LexisPSL on 06/02/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Are employees with fewer than two years' continuous service counted for the purpose of triggering statutory collective consultation obligations on redundancy?

Are employees with fewer than two years' continuous service counted for the purpose of triggering statutory collective consultation obligations on redundancy?

According to the Trade Union and Labour Relations (Consolidation) Act 1992, where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within any period of 90 days or less, this gives rise to statutory obligations to:

  1. inform

  2. consult

  3. notify the Secretary of State in the Department for Business, Energy and Industrial Strategy

This statutory consultation obligation is separate from and in addition to:

  1. any consultation to ensure the dismissal is fair

  2. any duty to inform and consult in relation to a relevant transfer under Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246

'Employee' in this context means an individual who has entered into or works under a contract of service or of apprenticeship. Whether or not an individual falls within this definition will, therefore, depend on their employment status (subject to any express exclusions) rather than the length of their continuous service with the employer.

In calculating how many employees are proposed to be made redundant:

  1. those volunteering for redundancy should normally be included, as well as those it is proposed to make compulsorily redundant

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