If a redundancy situation exists, your employer must consult all employees who are at risk of redundancy as soon as possible, informing them of the situation and discussing with them any alternatives and the implementation of the redundancy situation. Failure to properly consult may lead to a finding of unfair dismissal by an employment tribunal.
There is no maximum period of consultation, but there are minimum periods employers are required to follow depending on the number of proposed redundancies, namely:-
- 20-99 proposed redundancies – 30 days minimum consultation.
- 100 or more proposed redundancies -45 days minimum consultation.
Where an employer is making 20 or more employees at a workplace establishment redundant within 90 days or less, this is called a ‘collective redundancy’. An employer making a collective redundancy must consult with a recognised trade union where there is one. If there is no recognized trade union, an employer must consult with employee representatives before issuing redundancy notices. There must also be standard individual consultation.