News and Events

Collective Redundancies

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The DTI is proposing a minor amendment to the law on collective redundancies, to bring UK legislation in line with the ECJ decision in Junk Kuhnel.

The amendment to s193 of TULR(C)A 1992 will make it clear that employers must notify the Secretary of State at least 30 (or 90) days before any notice of redundancy has been issued, rather than before notice of redundancies takes effect.

The DTI is consulting on the wording of the proposed Collective Redundancies (Amendment) Regulations 2006 (consultation closes 9th June 2006). It is intended to bring the change into force in either October 2006 or April 2007.

The DTI does not intend to amend s188 of TULR(C)A 1992 (requiring employers to inform and consult employee representatives) as it believes that obligation to inform and consult "in good time" and at least 30/90 days before the first of the dismissals takes effect is not inconsistent with Junk (the logic of amending one, but not the other, does rather escape me). It is, however, amending its Guidance Notes on redundancy consultation.

View consultation paper here (large .pdf file - takes about 45 seconds to download on broadband)