With regard to redundancies what obligation to notify the Secretary of State does an employer have?
An employer that is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, must notify the Secretary of State for Business, Energy and Industrial Strategy (BEIS), in writing, of the proposal. It must give notification to BEIS before giving notice to terminate any of the relevant employees' contracts and at least 45 days before the first of the dismissals takes place if it proposes to dismiss 100 or more employees, or at least 30 days before the first of the dismissals if it proposes to dismiss between 20 and 99 employees.
Failure to do so renders the employer liable to a criminal conviction and a fine.
The relevant definition of redundancy for the purpose of collective consultation is a "dismissal for a reason not related to the individual concerned". This includes the situation where an employer proposes to dismiss and re-engage employees who do not agree to a proposed variation of their contract.