Collective Redundancies: What are Your Rights as an Employee? – Part 2
18 November 2013 by Marketing Team
Consultation should then take place with a view to reaching an agreement on a number of subjects including avoiding the dismissals, reducing the number of employees to be dismissed and mitigating the consequences of the dismissals. The employer is not placed under a duty to reach agreements during the consultation process, however, it must approach the consultation with a view to reaching agreement. Consultation should therefore be open-minded and should be conducted before the redundancies are due to take place.
The minimum requirements for the consultation period are usually as follows:
- Where the employer is proposing to dismiss 100 or more employees at one establishment within a 90-day period, consultation must begin at least 45 days before the first dismissal takes effect (this reduced from 90 days on 6 April 2013).
- Where the employer is proposing to dismiss between 20 and 99 employees in a 90-day period, consultation must begin at least 30 days before the first dismissal takes effect.
Whilst the above is a minimum requirement, the overriding objective of the whole process is that consultation should take place in “good time” before any redundancies take effect. Therefore, neither time periods are set in stone, although we often find that employees will choose to prolong the consultation process for at least as long as the above requirements.
Breach of the Duty to Consult
An employee’s complaint about any breach of the duty to consult should be heard by an Employment Tribunal. Before filing any claim, it is advised that you obtain advice from a specialist employment solicitor.
A claim can be brought before the last of the proposed dismissals takes effect or within the period of three months starting with the day on which the last dismissal occurs.
Fisher Jones Greenwood is rated as a Top Tier regional Employment Law practice by the Legal 500. Our specialist employment solicitor Beth Baird is able to advise on the further complexities that arise from collective redundancy procedures. The above information is intended to present a rough outline of your rights as an employee. If you believe that your employer has failed in its obligation to collectively consult then you should seek the advice of a solicitor. Beth Baird can be reached by phone on 01206 835230 or by email at email@example.com.