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Oct 06, 2022 337 likes •471 views

Collective redundancies: difficult questions Abigail Maino, Greg Burgess and Will Walsh WWW.DMHSTALLARD.COM When is it necessary to collectively consult? A proposal to dismiss as redundant 20 or more employees within a 90 day period

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Collective redundancies: difficult questions

Abigail Maino, Greg Burgess and Will Walsh

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When is it necessary to collectively consult?

A proposal to dismiss as redundant 20 or more employees within a 90 day period ‘Redundancy’ has a wider meaning and includes

raditional redundancies

Changing terms of employment

90 day period - what about rolling redundancies?

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Need to collectively consult

Are you planning on making multiple redundancies over the next 3 months? Poll

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What does collective consultation involve?

Identifying affected employees Identifying appropriate representatives Providing certain information to the representatives Consulting on the proposed redundancies “with a view to reaching agreement” on certain matters Submitting HR1 to BEIS

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When should we start collective consultation?

When is there a ‘proposal to dismiss’ which triggers a duty to collectively consult? Can we argue that the current pandemic removes the need to collectively consult?

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What if we have more than one site?

Do the dismissals have to be at one establishment? What is an “establishment”? If we have a group of employees who work from home permanently, what is their establishment?

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Length of collective consultation

Does the collective consultation need to last for 30/45 days? Can we issue notice to staff before the end of the collective consultation period?

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Questions

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Furlough and a remote workforce

Can we start collective consultation when some or all employees are still on furlough? Can an employee carry out duties as an employee representative while on furlough? Can managers on furlough conduct consultation meetings or give input to the process?

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Practicalities of consulting

How do we deal with election of employee representatives? How will we communicate with staff? How will consultation meetings be held? How will the employee representatives gather feedback?

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Recap

Be alive to when a proposal made has reached a point when collective consultation is triggered Ensure you have a sound business case Plan for how you will communicate with staff, how representatives will be elected and how consultations will be carried out Don’t forget the importance of individual consultation to the

verall fairness of any

dismissal

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