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.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
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 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.
Additional information on the law on informing and consulting prior to redundancies for local authority employers, including determining when redundancy consultation should start. To be read in conjunction with the general information on the law on informing and consulting prior to redundancies.
Good practice guidance discussing informing and consulting during a collective redundancy process, including how employers and employees can exchange views and ideas, issue and receive instructions, discuss problems and consider developments.
Practical guidance on arranging the election of employee representatives for collective redundancy consultation purposes.
HR and legal information and guidance relating to redundancy information and consultation.