The following Employment practice note provides comprehensive and up to date legal information covering:
Information and consultation is a vital part of any kind of dismissal and, if the employer wishes to minimise the risk of liability to pay compensation to affected employees, must play a significant role in any redundancy exercise.
Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations to:
inform appropriate representatives (see Appropriate representatives and Information to be provided)
consult appropriate representatives (see Appropriate representatives and Collective consultation obligation)
notify the Department for Business, Energy and Industrial Strategy (BEIS) in advance (see Obligation to notify BEIS (Form HR1))
For information on what ‘employer’ means in this context, when the statutory consultation obligations are triggered and, in particular on whether the relevant number of employees should be calculated by reference to one establishment or across all of the employer's establishments, see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations.
Where the statutory obligations to inform and consult arise in the context of a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, the collective redundancy requirements are modified by sections 198A and 198B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), which allow a transferee to consult with the transferor's employees where there is (or is likely to be)
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.The need for a Scott Schedule in construction cases arises
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the rights contained in the European Convention on Human Rights (ECHR) (see Practice Note: An introduction to the Human Rights Act 1998). The exercise of
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.