Information that must be provided by the employer

For the purposes of consultation, the employer must provide adequate information. Section 188(4) of TULRCA says the employer must provide the following information in writing to the appropriate representatives:

• the reasons for the redundancies;

• the numbers and description(s) of employees proposed to be made redundant;

• the total number of employees of any description;

• the proposed selection procedure;

• proposed method for carrying out redundancy dismissals, including timescale; and

• proposals for calculating redundancy pay, if this is to exceed the statutory minimum (see Chapter 7).

In addition, under the Agency Workers Regulations 2010, employers must provide reps with information about:

• the number of temporary agency workers working for the employer;

• where those agency workers are working; and

• what types of work they are carrying out.

Public services union UNISON has successfully enforced these new regulations against employers in two cases before the employment tribunal, securing protective awards for ex-employees of the London Borough of Barnet and of Lambeth Council. The case against Barnet is under appeal.