Notice periods for consultations in redundancies

 

In a redundancy situation, there is generally a requirement for the firm making redundancies to consult with employees before they make them.

If the number of redundancies is relatively large, a firm will have more statutory obligations placed on it than if the number of redundancies is small. If you are an employee that is being made redundant, or if you are an employer intending to make redundancies, you should contact an employment solicitor who can advise on the best procedure.

Redundancies for 1-19 people in a company

If the number of redundancies in a company is less than 20, then the company actually has no legal obligation to provide a consultation period. They must consult with the employee - but there is no specific time period attached to this.

Often the company will allow a time period of their own accord - a week is the common option. This allows staff and managers to discuss their options and possibly come up with a compromise or alternative solution.

However, it isn't required by law.

Redundancies for 20 people or more in a company

A redundancy situation in which the employer intends to dismiss 20 or more people in a 90-day period is known as a collective redundancy situation.

In a collective redundancy situation, employers must consult with employees over the redundancies. A collective redundancy of between 20 and 99 redundancies requires a 30-day notice period for consultations before the first dismissals take place. An employer should not give employees notice of termination of employment until this 30-day notice period has expired.

What information is required for the employee?

When notifying employees of the consultation period, employers must give employees information that will enable them to take part in the consultation process.

Before commencement of the 30-day notice period, employers must tell employees the reason for the redundancy proposals, the types of employees that will be made redundant, the selection methods, the method of carrying out dismissals and various other pieces of information.

Failure to properly consult with employees, or properly adhere to the 30-day notice period for consultations (or indeed any request for consultation) can leave employers open to claims for unfair dismissal.

If you would like to obtain legal advice on the 30-day notice period for consultation, Contact Law can put you in touch with a local specialist employment solicitor free of charge. So, if you have any questions or would like our help in finding employment solicitors please call us on 0800 1777 162 or complete the web-form above.

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