Large Scale Redundancies
If twenty or more
people are made redundant at one time in one business
establishment, then the employer is obliged to notify the
Department of Trade &
Industry on a form called a HR 1 and also to commence a consultation
process for 30 days.
If a hundred or
more employees to be made redundant at the same establishment,
then the employer is obliged to commence a consultation process
for 90 days. In large scale redundancies, if there is union
recognition, the employer is obliged to consult with the
Union. If there is no Union recognition at the place of employment,
then the employer must arrange for employee representatives
to be elected in order to consult with management on your
behalf. There is still an obligation of course for individual
consultation as previously discussed.
If the employer fails to comply with the
30 day consultation or the 90 day consultation rule depending
on the numbers, then that can trigger a claim by the employees
for a “protective award”. If there is Union recognition,
only the Union can make a claim for a protective award. If
there is not Union recognition, then the only way a protective
award claim can go ahead is if a claim is lodged at the Employment
Tribunals within the 3 month time frame. |
