Definition of collective dismissal (number of employees concerned):
Redundancies concerning at least 20 employees within 90 days.
- Duties of consultation and notification arise where an employer is proposing to dismiss 20 or more employees within a period of 90 days or less (Sec. 188(1) and 193(1) TULRCA)
- Definition of redundancy: sec. 195 TULRCA: "references to dismissal as redundant are references to dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related".
Prior consultations with trade unions (workers' representatives):
Sec. 188 TULRCA. The consultation shall start at least 30 days before the dismissals takes effect, where the employer is proposing to dismiss 20-99 employees and, at least 90 days before the first dismissal, where the employer intends to dismiss at least 100 employees.
Notification to the public administration:
Sec. 193 TULRCA: Compulsory written notification to the Secretary of State at least:
- 30 days before the first dismissal takes effect where the employer is proposing to dismiss as redundant 20-99 employees and,
- 90 days before the first dismissal takes effect where the employer is proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days o dismiss as redundant.
In practice the employer shall notify the Department for Business, Innovation & Skills.
Notification to workers' representatives:
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
No statutory rules on selection criteria.
Sec. 188 (4) d) TULRCA only refers to "method of selecting the employees" as one the elements to be disclosed to the appropriate representatives for the purposes of the consultation.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
See sec. 188 (2) TULRCA: " The consultation shall include consultation about ways of:
(a) avoiding the dismissals,
(b) reducing the numbers of employees to be dismissed, and
(c) mitigating the consequences of the dismissals, and shall be undertaken by the employer with a view to reaching agreement with the appropriate representatives".
Priority rules for re-employment: