Collective redundancy—statutory information and consultation obligations
Collective redundancy—statutory information and consultation obligations

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Collective redundancy—statutory information and consultation obligations
  • When the information and consultation process must start
  • Meaning of 'takes effect'
  • Dismissals of employees occurring in batches (staggered redundancies)
  • Appropriate representatives
  • Right to access and facilities
  • Right to time off
  • Detriment and dismissal
  • Arranging elections
  • Practical considerations
  • More...

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:

  1. inform appropriate representatives (see Appropriate representatives and Information to be provided)

  2. consult appropriate representatives (see Appropriate representatives and Collective consultation obligation)

  3. 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)

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