Tag archives: consultation

Collective Redundancies: 90 day rolling reference period

The Collective Redundancies Directive (98/59/EC) (the Directive) sets out consultation requirements for employers where a set number of redundancies are contemplated within a specified time frame, being either 30 or 90 days depending on the member state concerned.

In the UK, the Directive is implemented through the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Under section 188, TULRCA requires employers to consult on its redundancy proposal with those affected, where it proposes to dismiss 20 or more employees at one establishment within a reference period of 90 days or less. The required consultation period is either 30 (20-99 … Continue Reading

23 redundancies with no consultation? Federal Court says ‘that’s OK’

An employer decides to abolish 23 full-time positions due to a lack of funding.  Surely this is a major change likely to have a significant effect on employees which obliges the employer to consult with those employees as per the consultation term in their enterprise agreement?

While many would say ‘yes, of course’, the Federal Court in Australian Nursing and Midwifery Federation v Bupa Aged Care Australia Pty Ltd [2017] FCA 1246 recently found the answer to be a clear ‘no’ and, accordingly, there was no requirement for the employer to consult.… Continue Reading

The necessity of adopting a sensitive consultation process in the event of redundancy

This post was contributed by Jahan Meeran, Trainee Solicitor, Norton Rose Fulbright LLP, London

A recent decision of the Employment Appeal Tribunal (EAT) illustrates the pitfalls of not adopting a sensitive consultation process in the event of redundancy..

In the case, the claimant had been employed by the property management division of his employer for over 40 years. Following a strategic review, the company decided to reduce the number of director roles. On 6 January 2014, the claimant was put on garden leave and placed into a redundancy pool comprising only himself. On 8 January a letter was sent to … Continue Reading

Collective consultation on redundancy – what obligations do employers have?

In Germany, an employer must comply with certain consultation obligations when dismissing an employee. Failure to do so may result in the dismissal being held null and void by a labour court or the court awarding compensation to the affected employees.

The works council and dismissals

Prior to giving notice of termination, an employer must inform and consult any existing works council. The employer must provide the works council with the following information:

  • Details of the employees who are to be dismissed (including their name, place of work, position, remuneration, age, family status, job tenure, maintenance obligations, any severe disability,
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Small scale retrenchments – What obligations do employers have? A South African perspective

This article was written by Yusuf Peer, an associate designate at Norton Rose Fulbright South Africa

In South African law an employer is permitted to retrench employees due to economic and business conditions, provided that the employer follows the correct consultative procedure and the dismissals are based on fair and justifiable reasons

An employer employing less than 50 employees must commence consultations as soon as he contemplates dismissing one or more employees. The purpose of consultations are to encourage a consensus seeking process where the employer and employees (or their representatives) try to either prevent retrenchments, or at least minimise … Continue Reading

What rights do employees have on redundancy in the UK?

Whilst redundancies may be unavoidable, employers must think ahead when planning redundancies in order to avoid the additional burden of costly litigation and claims from employees. Employees in the UK have a number of rights in a redundancy situation and employers need to follow the correct procedures in order to avoid potential claims.

What is a redundancy?

In the UK redundancy is defined in statute. It covers three types of situation – the closure of a business, the closure of a workplace or the reduction in a workforce either throughout the business or just at the relevant workplace.

Where the … Continue Reading

Collective Redundancy Consultation

A recent decision of the Employment Appeal Tribunal in the UK has considered the meaning of the words “at one establishment” for the purposes of triggering collective consultation obligations.

Under the UK collective redundancy rules, the obligation to inform and consult only arises when an employer is proposing to dismiss as redundant “20 or more employees at one establishment within a period of 90 days or less”. The case involved two retail companies which became insolvent, and the employment tribunal held that each of their stores was to be considered as a separate “establishment”. As a result employees who worked … Continue Reading