How do the courts define redundancy?
Who should be consulted about employee redundancies?
What is the correct procedure for making redundancies?
Is an employer required to consult with employees prior to giving notice of redundancies?
When should the employer begin collective redundancy consultation with employees?
For collective consultation purposes, when calculating if 20 or more employees will be dismissed, should voluntary redundancies be included?
Where an employer is carrying out a redundancy exercise involving fewer than 20 employees but a need to make further redundancies subsequently arises, taking the total number of employees to 20 or more, is it obliged to consult collectively?
What does consultation during a redundancy process mean?
Under the Trade Union and Labour Relations (Consolidation) Act 1992, when an employer is proposing to dismiss as redundant 20 or more employees at one establishment within 90 days or less, the employer has a duty to consult with the appropriate representatives of the employees who may be affected by the proposed dismissals, or who may be affected by the measures taken in connection with those dismissals.
Trade union representatives must be consulted if the union is independent and recognised by the employer to conduct collective bargaining in respect of the affected employees. Where the employer does not recognise an independent trade union for collective bargaining purposes in respect of some or all of the affected employees, the appropriate representatives for those affected employees can be either existing staff representatives who were appointed for some other purpose (such as a works council), and who are authorised by the affected employees to be consulted on the proposals on their behalf, or employee representatives elected specifically for such consultation. The employer should also consult with the
individuals who may be selected for redundancy.
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.
If employee representatives are elected to consult on redundancies, how should those elections be conducted?
What is the time frame for electing employee representatives for collective redundancy consultation purposes?
How many employee representatives are necessary for collective redundancy consultation purposes?
What should the employer do where an employee representative for collective redundancy consultation purposes ceases to act as such?
Can an employer place restrictions on who can stand as a candidate in elections for collective redundancy consultation purposes?
What happens if employees invited to elect representatives for collective redundancy purposes fail to do so?
Can trade union representatives be the appropriate representatives for collective redundancy consultation purposes where the affected employees are not union members?
What information must the employer disclose prior to redundancy consultations?
What should redundancy consultation be about?
What should the employer and employee discuss at an individual redundancy consultation meeting?
In a collective redundancy situation, what should the workforce be consulted about?
Should an employer have a redundancy information and consultation policy?
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