Collective redundancies arise when an employer intends to make 20 or more employees redundant in one establishment in a 90 day period.
The definition of when collective consultation is required for a redundancy is wider than it is for individual redundancies. It applies where a dismissal ‘is not related to the individual concerned (for example their conduct or performance) or for a number of reasons not so related’. So for example a ‘fire and rehire’ exercise whereby an employer seeks to renegotiate employment terms could trigger the collective consultation requirement.
Once this requirement is triggered employers must consult with appropriate representatives for at least 30 days if fewer than 100 employees are potentially redundant or for a minimum of 45 days if 100 or more are potentially to be made redundant. Appropriate representatives may be a trade union if one is recognised or individuals elected by the employees in a ballot.
How can we help you?
Nockolds expert Employment Team regularly advised clients who are going through collective redundancy consultations helping to steer through the myriad pitfalls and challenges which can arise when consulting with so many staff.