Stage 1
Any alternatives?
Consider alternatives to redundancy first – redundancy should be the last resort. If you are an employee who has just been informed of possible redundancies, see our blog below on what to do when you get that call.
Stage 2
Collective consultation?
The statutory collective consultation obligations are triggered where an employer is proposing to dismiss 20 or more employees in one establishment within a 90 day period.
Period of consultation:
- • 30 days if proposing to dismiss 20 to 99 people; or
- • 45 days if proposing to dismiss 100 or more people.
The Secretary of State must also be notified (Form HR1).
Stage 2.1
Employee representatives for collective consultation
Is there a recognised trade union? If so, the employer should consult with trade union representatives.
If not, does the employer have employee representatives who have authority from those employees to receive information and to be consulted about the proposed dismissals on their behalf? If yes, the employer should consult with them.
If not, the employer will need to arrange election of employee representatives – there are statutory rules on how this is done.
Stage 2.2
Collective Consultation
The minimum information and consultation obligations are set out in statute. See our blog on collective consultation below.
Stage 3
Selection
If the number of employees in a particular function/team is being reduced, a selection exercise will be required.
Employees in the pool must be scored against selection criteria. Those with the lowest scores will be selected for redundancy.
It is for the employer to establish the selection criteria. They must be objective to avoid exposure to allegations of discrimination.
Stage 4
Individual consultation
Employers must consult with individuals about their potential redundancy before final decisions are made.
Collective consultation is no substitute for individual consultation, so this needs to be done even in cases where collective consultation applies.
For further information on individual consultation, see our blog on this topic below.
Stage 5
Termination of employment
Is there an enhanced redundancy package on offer?
If so, employers could make this subject to signing a settlement agreement.
If you are a senior executive at risk of redundancy, see our blog on top 10 tips for negotiating an exit below.
If you are working under a sponsored worker’s visa, or are an employer about to make redundant a sponsored worker, see our blog on the consequences of redundancy on sponsored workers.
We will be on your side every step of the way.
Corinne Aldridge
Partner and Head of Department
Adrian Crawford
Partner
Andy Norris
Partner
Emmanuelle Ries (Français)
Partner
Emmanuelle Ries
Partner
Nikola Southern (Français)
Partner
Nikola Southern
Partner
Andreas White
Partner
Kirsty Churm
Legal Director
Bina Patel
Legal Director
Catherine Bourne
Senior Associate
Adele Edwin-Lamerton
Senior Associate
Eugenie Freeman
Senior Associate
Clodagh Hogan (Français)
Senior Associate
Clodagh Hogan
Senior Associate
Francesca Lopez
Senior Associate
Mark McWilliams
Senior Associate
Özlem Mehmet
Senior Professional Support Lawyer
Georgia Roberts
Senior Associate
Zainab Hakim
Associate
Emily Halcrow
Associate
Rob McCreath
Consultant
Samuel Sherr
Associate
Daniel Zona
Associate
Nadjia Zychowicz
Associate
Muhammad Zahid Iqbal
Trainee Solicitor
Asha Kaushal
Trainee Solicitor
