Under s.188 of the Trade Union and Labour Relations
(Consolidation) Act 1992 (TULR(C)A), where an employer is proposing to dismiss
as redundant 20 or more employees at one establishment within a period of 90
days or less it must disclose certain information to appropriate
representatives. The information that must be supplied is set out below.
| The employer's reasons for its proposals |
| The numbers and descriptions of employees whom it is proposed to dismiss as redundant |
| The total number of employees of any such description employed by the employer at the establishment in question |
| The proposed method of selecting those who may be dismissed |
| The proposed method of carrying out the dismissals, with due regard to any agreed procedure, including the period over which the dismissals are to take effect |
| The proposed method of calculating the amount of any non-statutory redundancy payments to be made to employees who may be dismissed |
| The number of agency workers working temporarily for and under the supervision and direction of the employer, the parts of the employer's undertaking in which they work and the type of work that they perform |
Employers can use the XpertHR model letter informing union or employee representatives of proposed redundancies to disclose the required information to representatives. Where after the affected
employees have been invited to elect representatives they have failed to do so
within a reasonable time, the information should be given to each affected
employee. The XpertHR line manager briefing on collective redundancies includes further information on how to disclose this information to comply with s.188 of TULR(C)A and on the employer's obligation to consult representatives with a view to reaching agreement about ways of avoiding the dismissals, reducing the number of employees to be dismissed and mitigating the consequences of dismissal. |
|
|
|
|