Minimum period: In a case of 100 or more redundancies - the requirement for a minimum period of 90 days between the start of the consultation and the first dismissal will be reduced to 45 days. Please note section 7 (How long should consultation last?) of the ACAS guide on collective redundancies.
Notifying the Government about collective redundancies: In a case of 100 or more redundancies - an employer must notify the Government about the redundancies at least 45 days before the first dismissal takes effect. The employer may use a HR1 Form to notify the Government about the redundancies.
Fixed-term employees: A fixed-term employee must be included in collective redundancies consultation - if they are being made redundant before their contract has expired. This will apply to a case of 20 or more redundancies.
ACAS guide: The ACAS has published a new guide on collective redundancies.
Source: Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 [SI 2013/763].
2 comments:
On 5 September 2013, Government stated that it would amend the TULR(C)A 1992 to make it clear that consultation which begins before a TUPE transfer can count for the purposes of complying with the collective redundancy rules, provided that the transferor and transferee can agree and where the transferee has carried out meaningful consultation.
It is the Government’s intention that new Regulations will be laid before Parliament in December 2013.
Source: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236932/bis-13-1023-transfer-of-undertakings-protection-of-employment-regulations-2006-government-response-to-consultation.pdf
The ACAS publication entitled "Handling small-scale redundancies - A step-by-step guide" is available at: http://www.acas.org.uk/index.aspx?articleid=4547
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