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Collective redundancies - duty to consult representatives

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 consult with the appropriate employee representatives1. The required start date of the consultation period depends on the number of affected employees. Following the decision in Junk v Kühnel [2005] IRLR 310 ECJ it appears that consultation must have taken place before redundancy notices are served.