Practical guidance on dismissals in the context of a TUPE transfer, including who has liability for dismissals; economic, technical and organisational reasons for dismissal; and information and consultation.
The European Court of Justice (ECJ) has held that, when deciding whether or not collective redundancy consultation obligations are triggered, the number of proposed redundancies should be measured in the entity to which the workers made redundant are assigned to carry out their duties, rather than across the whole organisation.
In a case about the pre-6 April 2013 legal position, the Supreme Court has overturned the Court of Session decision that dismissals that resulted from the expiry of fixed-term contracts did not count towards the threshold for triggering collective redundancy consultation obligations.
The Advocate General has taken the view that, when deciding whether or not collective redundancy consultation obligations are triggered, the number of proposed redundancies should be measured in the "local employment unit" to which the potentially redundant employees are assigned to carry out their duties, rather than the whole organisation.
Use this redundancy workflow to carry out an election of employee representatives for collective redundancy consultation purposes.
Use this redundancy consultation workflow where a business or workplace is closing, or there is a diminished need for employees to carry out work of a particular kind.
The Court of Session has held that a dismissal that results from the expiry of a fixed-term contract does not automatically count towards the threshold for triggering collective redundancy consultation obligations.
In Usdaw v Ethel Austin Ltd (in administration); Usdaw and another v Unite the Union and others  IRLR 686 EAT, the EAT held that s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be read so that the requirement for collective redundancy consultation is not limited to individual establishments where it is proposed to make 20 or more redundancies within 90 days.
In DLA Piper's case of the week, AEI Cables Ltd v GMB and others, the Employment Appeal Tribunal held that the employment tribunal, when setting a protective award for failure to inform and consult on redundancies, should have taken account of the period during which the company was insolvent.
HR and legal information and guidance relating to collective redundancies.