Chapter 11
When does consultation end?
[ch 11: pages 425-426]Consultation ends when it is formally completed, either because the parties reach agreement on all relevant issues, or because agreement proves impossible. In other words, collective consultation should not end just because 30/45 days have passed counting from the consultation start date. Where genuine issues remain to be negotiated “with a view to reaching agreement”, it should continue.
An employer cannot give notice of redundancy dismissals until the consultation process has been completed (Junk v Kuhnel C-188/03 [2005] IRLR 310).