Q&As

What claims can be brought for failing to meet collective redundancy consultation obligations, and for breach of Transfer of Undertakings (Protection of Employment) Regulations 2006? Can all affected employees claim the protective award, or just those dismissed under the process/those whom the employer fails to transfer?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 22/05/2020

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:

  • What claims can be brought for failing to meet collective redundancy consultation obligations, and for breach of Transfer of Undertakings (Protection of Employment) Regulations 2006? Can all affected employees claim the protective award, or just those dismissed under the process/those whom the employer fails to transfer?

By virtue of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), where an employer is proposing to dismiss 20 or more employees as redundant at one establishment within a 90-day period, they must consult with the appropriate representatives (as defined by TULR(C)A 1992, s 188(1B)) of all of the persons who may be considered for redundancy. That consultation must take place no less than a specified time before the first of the dismissals take effect, that time depending on the number of proposed redundancies (30 if fewer than 100; 45 if 100 or more). Employers must also inform the Insolvency Service, Redundancy Payments Service by Form HR1 by the same time period.

TULR(C)A 1992, s 188(4) sets out the information which must be disclosed to the employee representatives, including the reasons for the proposals, t

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