Collective redundancy consultation meaning

This checklist reviews the employment law considerations that arise when carrying out a business reorganisation. It addresses initial planning points, whether a redundancy situation exists, ‘some other substantial reason’ (SOSR), how the employer may resist claims about dismissals, whether collective consultation duties are engaged, changes to contractual terms and conditions, and if a TUPE transfer applies. It proceeds on the basis that there is a restructure but the undertaking continues to operate at the same site and, therefore, no ‘place of work’ redundancy arises. For broader guidance, see Business reorganisations—overview and Practice Note: Implementing a business reorganisation—employment issues. Initial considerations Assess the composition of the project team and safeguard project documentation to: preserve confidentiality and for consultation purposes (eg label all proposals as ‘subject to consultation’). See Practice Note: Implementing a business reorganisation—employment issues: Initial considerations limit circulation, where required, to protect legal advice privilege Consider whether non-disclosure agreements are required and, if so,...

This Checklist explains the actions to take in collective consultation in relation to proposed redundancies. It highlights practical points for deciding whether a redundancy situation exists, whether collective consultation duties are triggered, how to set an appropriate timetable for the process, and the duty to notify the Secretary of State of proposed redundancy dismissals. For broader guidance on collective redundancy consultation obligations, see Practice Notes: Redundancy—fair procedure: collective consultation and How to carry out collective redundancy consultation. The guidance in this Practice Note reflects the Acas non-statutory advisory booklet entitled This booklet has been archived and is no longer maintained by Acas. Identify redundancy situation The Acas non-statutory guidance advises that, before commencing a redundancy programme, an employer should examine all possibilities to reduce or avoid redundancies—that is, consider alternatives to compulsory redundancy, such as: adjusting working hours reducing the number of temporary or contract workers limiting overtime implementing a recruitment freeze...

Checklist This checklist sets out the actions required for individual redundancy consultation, irrespective of whether consultation has also occurred at a collective level. It highlights the practical planning points for a redundancy exercise and indicates the matters to address at each stage... Open meetings with affected employees – topics to cover Letters to affected employees – required inclusions Individual consultation meetings – key discussion points Notice of dismissal – content to include Right of appeal – information to provide For broader guidance on individual redundancy consultation duties, see Practice Notes: Redundancy—fair procedure: individual consultation and How to carry out individual redundancy consultation. This checklist proceeds on the basis that the employer has already determined whether collective consultation is needed (see Checklist: Redundancy—collective consultation checklist for employers—Identify redundancy situation)...

Although ministers insist the bill is “firmly pro-business and pro-worker”, the latest changes have yielded a final version that further ramps up the financial pressures on employers under the Labour government. Sanctions for employers who breach collective redundancy procedures will be doubled, and the Central Arbitration Committee will gain the power to levy fines on businesses that obstruct union access to the workplace. Statutory sick pay will apply to every single worker from the first day of illness, yet there is no indication of a revival of the rebate scheme the government once ran for small and medium-sized businesses and firms. A reduced payment is also presently available to individuals earning below the 2024 threshold of £116.75 per week. MPs are also expected to insert a right to a fortnight of bereavement leave for parents following a miscarriage when the ERB reaches its third reading in the House of Commons next week. On 5 March 2025, Dan Pollard, a partner at Charles Russell Speechlys LLP, described the amendments as “brilliant...

Employment Rights Bill, As Amended (Amendment Paper), 5 March 2025 Employment Rights Bill—Stages What are the implications? The Amendment Paper sets out the amendments lodged by 5 March 2025 for consideration at the report stage. There are no immediate consequences because it is still uncertain which of these proposals—if any—will be approved and trigger revisions to the ERB, although government-backed amendments remain more likely to pass. The consolidated schedule within the Amendment Paper also contains previously tabled, non-government amendments that we covered in our earlier News Analysis: Employment Rights Bill—non-government proposed amendments. The government’s suggested changes, many stemming from conclusions reached in its consultation responses, provide practitioners with an early indication of adjustments that are expected to filter into this key item of employment legislation. As a result, close monitoring of the debate remains advisable for all employment law stakeholders...

In this issue: Employment Rights Bill Employment contract Pay Prohibited conduct (discrimination etc) Health and safety Other rights Maternity, parents and carers ESG and sustainability: employment issues Whistleblowing Trade unions Issues arising on termination Redundancy Unfair dismissal Settlement Employment Tribunals Employment Appeal Tribunal New and updated content Dates for your diary Trackers Employment resources on Lexis+® Daily and weekly news alerts Employment Rights Bill The Department for Business and Trade publishes Employment Rights Bill factsheets The Department for Business and Trade has released a set of factsheets that explain the aim of each policy or framework in the Employment Rights Bill and clarify how they will operate in practice. The factsheets cover: adult social care negotiating body bereavement, paternity and unpaid parental leave fair work agency fire and rehire school support staff negotiating body ...

Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings (TUPE) immigration Categories of employment status In the Republic of Ireland, individuals engaged in work are typically classified as either ‘employees’ or ‘independent contractors’. There is no...

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 On a relevant transfer, TUPE 2006 effects a statutory novation of transferring employees’ contracts: the transferee steps into the transferor’s shoes. This Practice Note outlines the rights, powers, duties and liabilities that pass, and treats the transferor’s acts or omissions as those of the transferee in relation to transferring staff. For fuller guidance on: what amounts to a relevant transfer under TUPE 2006, see Practice Notes: TUPE—business transfers and TUPE—service provision changes who counts as transferring employees, see Practice Note: TUPE—transfer of employees the duty to inform and consult about a relevant transfer, see Practice Note: TUPE—information and consultation how TUPE 2006 protects transferring staff against contractual variations and dismissal, see Practice Notes: TUPE—variation of contract terms and TUPE—protection against dismissal For a checklist of employment-related liabilities that arise on a relevant transfer under TUPE 2006, and whether they pass from transferor to transferee, see: What...

ARCHIVED This archived Practice Note is not being maintained and is supplied for background purposes only. It covers the original Coronavirus (COVID-19) Job Retention Scheme (CJRS), first unveiled by the government on 20 March 2020, which applied from 1 March to 30 June 2020. For information on: the extended CJRS operating between 1 May and 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived] the extended CJRS in effect from 1 November 2020 to 30 April 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived] the revised CJRS running from 1 July to 31 October 2020, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [Archived] The CJRS was a temporary initiative, originally intended to run for three months from 1 March 2020. On 17 April 2020, HM Treasury announced an extension to 30 June,...

[ To be printed on the employer’s headed paper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) As you are aware, we have consulted with employee representatives about the redundancy situation, considering how redundancies might be avoided, numbers reduced or the effects minimised, the selection “pool”, and the criteria to be used. Following careful review, the criteria have been confirmed as: efficiency initiative skills/qualifications/training greater experience in certain particular tasks or on certain machines future potential/flexibility timekeeping absence record disciplinary record length of service An assessment has now been completed and these criteria applied to you and others within the pool. I am pleased to confirm that your score means you have not been provisionally selected for redundancy. We will now consult with those provisionally selected. Please note this remains a provisional decision, and we may need to...

1 Definitions Insert defined terms into the Share Purchase Agreement, including: Accounts Date; Business Day; Buyer; CA 2006; Company; Completion; Completion Date; Conditions; Contractor; Disclosure Letter; Employee; Employment Legislation; former; holding company; Sale Shares; Seller; Subsidiaries and subsidiary; TULRCA; TUPE; Warranties; and Worker... 2 Employment Directors: Listed in the Disclosure Letter; no others held out. Employees, Workers and Contractors: The Disclosure Letter gives anonymised terms, benefits, scheme eligibility and absences; contracts and policies annexed; work is exclusive; no return rights, pending offers, restrictive obligations, post‑Accounts Date changes, promised increases, or flexible requests; no hybrid arrangements offered or under negotiation. Termination: All roles terminable on three months or less without extra liability; no notices; Completion creates no rights or payments; no contractual redundancy scheme. Liabilities and payments: No termination payments promised; no contingent liabilities; consultation duties complied with; only routine pay, expenses and holiday due. Disputes and disciplinary: No EHRC enquiries, union disputes, claims, live disciplinary/capability/grievance cases, or unanswered Equality Act questions....

This Deed of Agreement is dated [ insert date ] Parties [ FULL NAME OF COMPANY ], a company registered in England and Wales with registered number [ insert company number ] whose registered office is at [ insert address ] ( Transferee ) [ FULL NAME OF COMPANY ], a company registered in England and Wales with registered number [ insert company number ] whose registered office is at [ insert address ] ( Transferor ) Background (A) Further to the transaction to be implemented by [ insert reference to appropriate transaction document or description of transaction ], the parties acknowledge that there will be a transfer of [ insert description of business or services transferring ] from the Transferor to the Transferee, which this Agreement terms the Proposed Transfer, and they have entered into this Deed of Agreement ( Agreement )...

Under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 Employers are required to inform the Secretary of State for Business, Energy and Industrial Strategy (BEIS) before issuing any redundancy notices and, in any event: where 20 or more dismissals are contemplated within 90 days, no less than 30 days before the first dismissal takes effect where 100 or more dismissals are contemplated within 90 days, no less than 45 days before the first dismissal takes effect For BEIS notification purposes, the full 30- or 45-day interval must pass before the first dismissal occurs. Notification is made on Form HR1, submitted to The Insolvency Service. For additional details, see Practice Note: Collective redundancy—statutory information and consultation obligations, under the heading Obligation to notify BEIS (Form HR1). As stated in the Advance notification of redundancies: guidance for employers accompanying Form HR1, the notification date is ‘the date on which we receive your completed form’. Forms with any required information...