Practical implications of pre-transfer collective redundancy consultation

This new law poses several serious practical challenges. In particular:

• incoming contractors are likely to want to begin consulting with reps who know nothing of the transferee’s business or workforce;

• despite obvious practical limitations, any pre-transfer consultation must still satisfy every aspect of the Collective Redundancies Directive and be “meaningful”. This change will undoubtedly result in more successful claims for protective awards;

• dismissals based on pre-transfer consultation carry a high risk of challenge based on lack of fairness, for example:

• how to decide on redundancy pools;

• how to decide who should transfer and who should be made redundant;

• increased risk of targeting union reps and activists;

• reduced opportunities to look for suitable alternative employment;

• less time to prepare for redundancy;

• inadequate individual redundancy consultation by the employer;

• faster dismissals.