Redundancy Consultation

The following legal requirement applies to an employer where employees belong to a Trade Union which is both “independent” and also “recognised” for the purpose of collective bargaining. The timetable for consultation is as follows:-

Number of Employees at one / Number of days before the
establishment in the proposed / first dismissal at which
redundancy exercise:- / consultation should begin:-

100 or more / At least 90 days
20 or more / At least 30 days
Less than 20 / no statutory period

and in the course of consultation the employer is obliged to disclose the following details:-

The reasons for the proposals.
The numbers and descriptions of the employees proposed to be dismissed as redundant.
The total number of employees of each description who are employed at the establishment.
The proposed method of selecting the employees to be dismissed.
The proposed method of carrying out the dismissals with due regard to an agreed procedure.

During the consultations the employer is obliged to consider any representation made by the Trade Union representatives, and to reply to such representations and state why any are rejected.

If such consultation procedures are not complied with, the appropriate Trade Union may apply to the Industrial Tribunal. Unless the employer can show special circumstances which made this compliance not reasonably practicable, and unless the employer can show that he took all steps that were reasonably practicable in the circumstances, then a Protective Award may be made by the Industrial Tribunal in respect of the employees already dismissed or who are proposed to be dismissed, with the following maximum limits depending on the number of employees being dismissed at one establishment:-

Number of employees at one / Maximum Protective Award
establishment in the proposed
redundancy exercise

100 or more / 90 days
20 or more / 30 days
Less than 20 / none

updated April 2010