Draft legislation confirms transition for reduction in redundancy consultation period

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The Government has published draft legislation coming into force on 6 April 2013 to reduce the collective redundancy consultation period from 90 to 45 days where 100 or more redundancies are proposed.

The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 amends the Trade Union and Labour Relations (Consolidation) Act 1992, which sets out that consultation must begin at least 90 days before the first dismissal takes effect where the employer is proposing to dismiss as redundant 100 or more employees at one establishment.

Importantly, the change applies only to proposals for redundancies that are “made” on or after 6 April 2013. It does not affect redundancy consultations that have already begun, and are still ongoing, on 6 April 2013.

The Order also means that fixed-term contracts that have reached their natural conclusion will be excluded from the obligation to consult collectively.

Update (9 April): The final version of the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 was published on the UK legislation website on 9 April 2013.

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