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?

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, S

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