Q&As

Does the duty to collectively consult arise as soon as the HR1 is submitted, even if the employer subsequently decides to make fewer than 20 people redundant?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 02/12/2019

The following Employment Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Does the duty to collectively consult arise as soon as the HR1 is submitted, even if the employer subsequently decides to make fewer than 20 people redundant?

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) sets out a significant obligation upon employers to carry out notification and consultation requirements in respect of proposed redundancies. TULR(C)A 1992, s 193 requires that the employer inform the Secretary of State for what is now Business, Energy and Industrial Strategy (BEIS) of proposed redundancies where the notification and consultation requirements apply. This is done by form HR1—Advance notification of redundancies.

Where an employer is proposing to dismiss at least 20 employees at an establishment within a period of 90 days or less

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