Draft legislation to reduce redundancy consultation period published

The Government has published draft legislation, which, when enacted, will reduce the consultation period where 100 or more redundancies are proposed. 

Under s.188(1A) of the Trade Union and Labour Relations (Consolidation) Act 1992, where an employer is proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days, it is required to consult collectively with the appropriate representatives of the affected employees, and this consultation must begin at least 90 days before the first dismissal takes effect. The draft Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 amends the Act, reducing the consultation period to 45 days. The change is due to take effect from 6 April 2013. 

The reduction in the consultation period follows the Government's consultation, launched in June 2012, on changes to the rules on collective redundancies to strip out "gold plating" of the Collective Redundancies Directive (98/59/EC). 

The draft Order also excludes fixed-term contracts that have reached their agreed term from the obligation to consult collectively. 

Also 

Darren Newman's perspective article Consultant editor Darren Newman looks at what the Government's proposed changes to the consultation requirements regarding large-scale redundancies mean for both employers and employees. 

Electing employee representatives for collective redundancy consultation Use this flowchart to carry out an election of employee representatives for collective redundancy consultation purposes in accordance with the requirements of the Trade Union and Labour Relations (Consolidation) Act 1992, where the employer is required to collectively consult because it is proposing to dismiss as redundant 20 or more employees within a 90-day period. 

Good practice guide on informing and consulting during a collective redundancy process This section of the XpertHR good practice manual discusses how employers and employees can exchange views and ideas, issue and receive instructions, discuss problems and consider developments in a collective redundancy situation.