The following Employment practice note provides comprehensive and up to date legal information covering:
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:
inform (see Practice Note: Collective redundancy—statutory information and consultation obligations—Information to be provided)
consult (see Practice Note: Collective redundancy—statutory information and consultation obligations—Collective consultation obligation)
notify the Secretary of State in the Department for Business, Energy and Industrial Strategy (BEIS) in advance (see Practice Note: Collective redundancy—statutory information and consultation obligations—Obligation to notify BEIS (Form HR1))
The consequences of a failure to comply with the statutory information and consultation obligations will depend on the nature of the failure, and may include criminal liability (see Practice Note: Collective redundancy—statutory information and consultation obligations—Failure to comply).
The statutory consultation obligations are separate from and in addition to:
any consultation required in order to ensure each dismissal is fair (see Practice Note:
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**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
Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can be varied in writing, orally or by conduct, and also considers unilateral variation, waiver and sustained minor breach. It sets out
AML and counter-terrorist financing—source of funds and source of wealthSource of funds and wealth was a key focus of the SRA’s Preventing Money Laundering and Financing of Terrorism thematic review, published in March 2018. Its findings included that:•most firms understood the distinction between
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
Pre-trial and case management hearings in the Crown CourtCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision for the extended use of live links and audio links in criminal proceedings.
0330 161 1234