What is collective consultation in redundancy?
Consultation means discussing and coming to agreement with employees on how the redundancy process will be carried out. Collective consultation is where you must consult on your redundancy plans with any recognised trade union, or if there is not one, employee representatives.
What triggers collective consultation?
You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment. There are no set rules to follow if there are fewer than 20 redundancies planned, but it’s good practice to fully consult employees and their representatives.
What is collective consultation ACAS?
Trade union or employee representatives represent you in the collective consultation with your employer. They do this by: telling you about the redundancy proposals and sharing information. asking you for your views, suggestions and any questions you may have.
What is the criteria for redundancy selection?
Examples of selection criteria could include: standard of work or performance. skills, qualifications or experience. attendance record, which must be accurate and not include absences relating to disability, pregnancy or maternity.
Can I have a representative at a redundancy meeting?
Legally, the right to be accompanied only covers disciplinary and grievance hearings (including any appeal hearings). Therefore, technically, you do not have to allow a companion to any type of meeting which is not a disciplinary or grievance hearing, including a redundancy consultation meeting.
When Should collective consultation start?
Collective consultation for redundancy You must start consultation for: 20 to 99 redundancies – at least 30 days before. 100 or more redundancies – at least 45 days before.
How long is collective consultation?
There’s no time limit for how long the period of consultation should be, but the minimum is: 20 to 99 redundancies – the consultation must start at least 30 days before any dismissals take effect. 100 or more redundancies – the consultation must start at least 45 days before any dismissals take effect.
What happens if you stagger redundancies to avoid collective consultation?
If a claim is made to an employment tribunal, and the judge believes you staggered redundancies to avoid collective consultation, staff will be due compensation (a ‘protective award’). Collective consultation applies when there are plans for at least 20 redundancies at a ‘single establishment’.
How many employees are at risk of redundancy from 3 different stores?
The total number of employees at risk of redundancy across the 3 stores is more than 20. But because each store operates as a distinct entity from the wider business, the redundancies would be handled separately. This means the business might not need to hold collective consultation.
What should an employer do when considering making redundancies?
The process an employer should follow, collective consultation, and employee rights, including notice periods and pay. Checking your redundancy is fair and what your rights are. What you should do when you’re considering making redundancies.
What are the ACAS codes of practice?
Acas codes of practice Acas codes of practice set the minimum standard of fairness that workplaces should follow. They are used by employment tribunals when deciding on relevant cases. Code of Practice on disciplinary and grievance procedures