When must this collective consultation begin?

[ch 4: page 51]

Employers must begin consulting collectively “in good time”. The law says that as a minimum:

• for proposals to end the employment contracts of 100 or more employees over a period of 90 days or less, consultation must begin at least 45 days before the first dismissal takes effect; and

• for proposals to end the employment contracts of 20 or more employees but fewer than 100 over a period of 90 days or less, consultation must begin at least 30 days before the first dismissal takes effect.

These are minimum consultation periods. Sometimes more time will be needed. (In Northern Ireland, a minimum 90 days’ consultation, rather than 45 days, is required for any proposal to end employment contracts of 100 or more employees.)

Dismissal notices must not be issued until collective consultation is completed (Junk v Kuhnel [2005] IRLR 310).

The employer’s duty to consult collectively with reps is triggered as soon as the employer has put together proposals that if implemented, would lead to the dismissal of 20 or more employees at one establishment.