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Here's what's in store: What is a redundancy consultation period? How long does it last? Providing redundancy notifications Consultations: what to do What evidence do you need to provide? What is a redundancy-consultation period? Even though there currently aren't any set rules for teams below 20, it's wise to hold consultations and understand your people. Speak to your people. Communicating during the redundancy-consultation period is important because: 1. Everyone deserves to know where they stand.
If things do turn sour, you could risk appearing unfair in front of an employment tribunal. For example, if a claimant can prove you failed to consult them during a period before their redundancy, you're then at risk for hefty tribunal fine.
It's typical best-practise to hold a collective consultation followed by individual meetings with affected staff. How long is a redundancy consultation period? For redundancies If a company needs to make 20 to 99 employees redundant, the employer must allow for a minimum day consultation period. Providing notice of redundancy: what you need to do Once a consultation has taken place, you'll need to provide notice. Here, you'll need to clearly state the agreed leaving date and provide notice of redundancy once the consultation period is complete.
The periods we outlined above are the statutory minimum an employer must give to be compliant by law, so you can increase the notice period if you want to. Employment Team. Unlimited HR help for a fixed, low monthly fee. Need help with an employment issue? Access unlimited legal advice without the worry of costs with our Triple A support.
What is the redundancy consultation period? Collective consultation period for 20 — 99 employees If there are between 20 and 99 employees being made redundant within any day period at a single establishment, the rules on collective redundancies apply.
Collective consultation period for more than employees If there are or more employees being made redundant then the rules on collective redundancies apply and the consultation period is longer.
Giving notice following consultation Since the law does not state how long the redundancy consultation period must last, it is possible for the consultation to finish before the end of the minimum periods as stated above. The relevant statutory notice periods has to be given to each affected employee: If the employee has been employed for between one week and two years, then the notice period is one week.
For between two and twelve years of employment, the notice period is one week for each complete year of employment. For employment over twelve years, the notice period is capped at twelve weeks. Information you must provide You must provide the following information to the representative and allow them time to fully consider the details: Reasons for the redundancies How many employees are affected and in which categories do they fall, and the numbers in each of those categories How employees will be selected for redundancy How the redundancies will be carried out, for example over what period of time How redundancy payments will be calculated, and Number of agency workers working in the organisation and where and what they are doing.
Lawful consultation to avoid risk of unfair dismissal Redundancy is one of the five legally fair reasons for the dismissal of an employee stated in the Employment Rights Act Through the consultation phase, you can help your business avoid discrimination claims in the following ways: By involving employees in devising the selection criteria and which criterion to prioritise in the scoring process; Sharing with staff what skills and experience you think will be necessary to the business going forward, and asking for their views on this question; and Allowing the involvement of trade union representatives.
How to prepare for a redundancy consultation meeting There are two types of redundancy consultation meeting — collective and individual. Employees may wish to discuss: The selection criteria you have proposed Ways in which redundancies might be avoided How the organisation could restructure to protect staff in the future How to reduce the impact of the redundancies on remaining staff The information you present to your employees should be detailed enough that the employees do not think they are being misled, but not so hard to understand that they need specialist knowledge.
Need assistance? Redundancy consultation period FAQs Do employees have to work during redundancy consultation period? What does consultation period mean in redundancy? Does notice period start after consultation period? Share this article on:. Share on twitter. Share on linkedin. Share on facebook. Table of Contents.
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