Q&As

On a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, if the transferee wishes to carry out pre-transfer redundancy consultation but there are fewer than 20 proposed redundancies, does the employer have to carry out a collective consultation?

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Published on LexisPSL on 30/03/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • On a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, if the transferee wishes to carry out pre-transfer redundancy consultation but there are fewer than 20 proposed redundancies, does the employer have to carry out a collective consultation?

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 and consult with appropriate representatives, and

  2. notify the Department for Business, Energy and Industrial Strategy (BEIS) in advance

For further information, see Practice Notes:

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

  2. Collective redundancy—statutory information and consultation obligations

Where those statutory consultation obligations do not apply, and there is no other need to consult with a union or other employee representatives (eg under a collective bargaining agreement), the employer will still need to consult individually with the affected employees as part of a fair redundancy procedure. For further information, see Practice Note: Redundancy—fair procedure: individual consultation.

In the context of a relev

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