Collective redundancy—the triggers for the statutory consultation obligations
Collective redundancy—the triggers for the statutory consultation obligations

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

  • Collective redundancy—the triggers for the statutory consultation obligations
  • The judgment in Marclean
  • Proposing to dismiss as redundant
  • Contemplating or proposing dismissals
  • Redundancy without dismissal
  • 20 or more employees
  • Fixed and limited term contracts
  • Number of employees
  • At one establishment
  • Meaning of ‘establishment’
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

This Practice Note considers the circumstances in which the statutory consultation obligations in a collective redundancy situation will be triggered.

Information and consultation is a vital part of any kind of fair 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.

Under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 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 (see Practice Note: Collective redundancy—statutory information and consultation obligations—Information to be provided)

  2. consult (see Practice Note: Collective redundancy—statutory information and consultation obligations—Collective consultation obligation)

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

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