Q&As

Where the employer begins a 30-day consultation on the proposed redundancy dismissal of between 20 and 100 employees, and then during the consultation period finds it necessary to propose further redundancies, how does this affect the time periods for information and consultation and the obligation to notify the Department for Business, Energy and Industrial Strategy?

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Published on LexisPSL on 05/10/2018

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

  • Where the employer begins a 30-day consultation on the proposed redundancy dismissal of between 20 and 100 employees, and then during the consultation period finds it necessary to propose further redundancies, how does this affect the time periods for information and consultation and the obligation to notify the Department for Business, Energy and Industrial Strategy?
  • Duty to inform and consult
  • Duty to notify BEIS

The statutory consultation obligations are triggered where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within any period of 90 days or less. The statutory obligations comprise the duties:

  1. to provide information to appropriate representatives

  2. to consult with appropriate representatives

  3. to notify the Department for Business, Energy and Industrial Strategy (BEIS), using the HR1 form

Duty to inform and consult

As to the duty to inform and consult, the key question is how many employees the employer is proposing to dismiss:

  1. if an employer is proposing to dismiss 100 or more employees, the consultation must begin at least 45 days before the date on which the employer proposes that the first of those dismissals should take effect (where the proposal to dismiss arose before 6 April 2013, consultation had to begin 90 days before rather than 45)

  2. if an employer is proposing to dismiss 20 or more employees (but fewer than 100), the consultation must begin at least 30 days before the date on which the employer proposes that the first of those dismissals should take effect

These time periods are a minimum—it is required that consultation should start ‘in good time and in any event’ by the beginning of the stipulated period. For these purposes, ‘in good time’ means in good time:

  1. to enable meaningful consultations to take place,

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