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Insights // 17 May 2020

Collective Consultation - Multiple Redundancy Situations Explained

Partner Sue Dowling, head of our Employment Law team, will be sharing a series of blog articles on collective consultation and multiple redundancy situations.

Whilst the Government’s furlough scheme (the "Coronavirus Job Retention Scheme") has helped some employers to avoid or to delay having to make difficult decisions concerning job losses in the throes of the COVID-19 epidemic, for some organisations there is a stark realisation that collective redundancies are inevitable, to be implemented either imminently or in the relatively near future.  

Over a series of six blog articles, Partner Sue Dowling, Head of our Employment Law team, looks at the law and practical requirements (including those impacted by staff being on furlough) when an employer is proposing to make multiple redundancies, and what steps an employer should consider implementing to minimise the risk of facing  potentially costly Employment Tribunal claims...

These blog articles cover:

  1. Are there particular laws relating to procedures to be followed before multiple redundancies are implemented and, if so, in summary what do they provide?
  2. What does the trigger “proposing to dismiss as redundant” mean?
  3. Do the proposed multiple redundancies (20 or more, within a period of 90 days) have to be from one “establishment” for the statutory obligations to arise and, if so, what does that mean?
  4. If there is a statutory obligation to collectively inform and consult, how does an employer go about this; with whom and what are potential problem  areas to be alert to?
  5. How do the obligations to collectively inform and consult fit with any obligation on the employer to consult with an employee individually?
  6. What are the potential financial consequences if the statutory collective redundancy provisions are not fulfilled and are there any defences available to an employer?

Advice on this complex area of law can be obtained from partners Sue Dowling or Tim Clark, in our specialist Employment law team.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800. 

This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.

Sue Dowling

Sue Dowling

Partner, Employment Law & Venue Licensing

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