Redundancy—fair procedure: collective consultation
Redundancy—fair procedure: collective consultation

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

  • Redundancy—fair procedure: collective consultation
  • Acas Code of Practice does not apply
  • Acas guidance
  • Unfair redundancy
  • Overview: steps in a typical collective redundancy procedure
  • Warning and consultation
  • Reasons or justification for the redundancy
  • Consider ways of avoiding the dismissals
  • Identify a selection pool
  • Identify fair selection criteria
  • more

This Practice Note contains guidance on what constitutes a fair procedure to be followed where:

  1. an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, ie where there is a statutory obligation to consult collectively (see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations)

  2. there is no statutory obligation to consult collectively, but the employer otherwise needs to consult with employee representatives, because:

    1. there is an agreement to do so under the Information and Consultation of Employees Regulations 2004 (ICER 2004) or a European works council agreement under the Transnational Information and Consultation of Employees Regulations 1999 (TICER 1999) (see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations—Other collective consultation obligations)

    2. it is considered prudent to consult with existing employee representatives as part of a fair procedure and for good industrial relations, eg where a collective agreement with a recognised trade union is in place in relation to the business affected by the redundancies (see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations—Other collective consultation obligations)

It might also be prudent to consult collectively where the number of employees proposed to be made redundant is near the threshold of 20 employees, or where the threshold would be reached if a period slightly longer than the 90-day