Consulting on collective redundancies

Employers are legally obliged to consult on collective redundancies. If employers are going to make 20 or more employees redundant within a period of 90 days or less they must consult with “appropriate representatives of any of the employees who may be affected”(TULRCA, section 188).

Consultation must start at least 30 days before any dismissals involving 20 to 99 redundancies or at least 45 days before if there are to be 100 or more redundancies. Consultation can be with:

• representatives of an independent, recognised union; or, if there is no recognised union, by

• existing employee representatives appointed or elected by the affected employees for other purposes; or

• employee representatives elected by the affected employees for the purpose of the redundancy consultation (in an election satisfying requirements set out in section 188A of TULRCA).

Consultation must be sufficient and meaningful, take place in good time, and be with a view to reaching an agreement. The employer must consider representations from reps, and reply to them. Reps will clearly need reasonable paid time off for this and where they are union representatives their rights are set out in section 168 of TULRCA (see page 22).