Data file: Redundancy and collective consultation

The latest in a series of articles that give the basics on key areas of
employment legislation.  This issue we
look at redundancy and collective consultation

The hard facts

Trade Union and Labour (Consolidation) Act 1992
As amended by Collective Redundancies and Tupe (Amendment) Regulations
1999 came into force 1 November 1999.

Section 188
– (1) Establishes a duty for the employer to consult when proposing to dismiss
more that 20 employees by way of redundancy
– (1A) Sets out time-scales for consultation according to number of employees
– (2) Sets out what the consultation should involve
– (3) Outlines which employees should be included for the purpose of
determining the number of employees to be dismissed for redundancy
– (4) The employer must disclose certain information in writing to the
representatives
– (5), (5A) The employer shall deliver information to representatives in person
or by post and allow access to such accommodation and facilities as appropriate

– (7) Special circumstances which render it not reasonably practicable for
employers to comply with the section
– Section 188A Sets out requirements for the election of employee
representatives
– Section 189-196 Complaints, protective awards and duty of employer to notify
Secretary of State of certain redundancies

www.legislation.hmso.gov.uk/acts/acts1992/Ukpga_19920052_en_1.htm

Employment Rights Act 1996
Came into force 28 July 1999. Establishes certain rights to be afforded
to employee representatives.

– Section 47 Right not to be subjected to any detriment
– Section 61 Right to time off for employee representatives
– Section 103 Establishes automatic unfair dismissal for an employee who is
dismissed by reason of being an employee representative

www.legislation.hmso.gov.uk/acts/acts1996/1996018.htm

Reading around the subject

– The Department of Trade and Industry website provides information for
employers and employees facing a potential redundancy situation. The website
gives access to DTI guidance notes and research papers.  www.dti.gov.uk/er/redundancy.htm

– The Acas website has a link to its advisory booklet on redundancy handling.  www.acas.org.uk

In the news

– "CBI attacks unions over redundancy law ‘myths’" – Financial
Times, 4 May 2001. http://globalarchive.ft.com/globalarchive/articles.html?id=010504000606&query=redundancy+consultation+

– "Job cuts coming – but don’t tell the workers" – The Scotsman,
19 April 2001 http://globalarchive.ft.com/globalarchive/articles.html?id=010419005771&query=redundancy

– "Lay-offs push Paris to act on labour law" – The Independent, 25
April 2001. http://globalarchive.ft.com/globalarchive/articles.html?id=010425002921&query=marks+and+spencer+AND+france+AND+redundancy

– "Court blocks closure of M&S stores in Paris" – The Times,
10 April 2001.  www.thetimes.co.uk/article/0,,3-112281,00.html

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