Collective Redundancies

If an employer is considering making 20 or more employees redundant at one workplace they must first consult: a) with any Trade Union that is recognised for collective bargaining; or b) with elected representatives of the workforce (if no Trade Union is recognised).

In case b), if there are no such representatives, elections must take place and the employer must organise them. Consultation must take place “in good time” before the first of the redundancies – the employer must not leave it till the last minute.

Collective Redundancy Solicitors

Where an employer proposes to make 100 or more employees redundant at one workplace the employer must commence the consultation process no less than 45 days in advance. Where between 20 and 99 redundancies are proposed the consultation period must commence no less than 30 days in advance.

The employer must provide appropriate information to the representatives and must consult about ways of avoiding redundancies, reducing the numbers or mitigating the circumstances, with a view to reaching an agreement.

If the employer fails to comply with its obligations employees may be entitled to a Protective Award.

The award can be up to 90 days’ pay for each employee, dependant on the circumstances.

There is no minimum length of service to be able to bring Protective Award claims. The claims must, however, be commenced within 3 months (less 1 day) from the date of dismissals to which the complaint relates.

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Specialist Employment Solicitors

Morrish Solicitors are a Yorkshire based Law Firm with a national presence. Our specialist employment solicitors have supported hundreds of individuals after they were made redundant without consultation. We regularly pursue protective award claims and specialise in this area of law.

Over the years, we have successfully represented thousands of employees and recovered millions in compensation. We have represented ex-employees of many well-know companies, such as City Link, Phones 4 U, Austin Reed and Thomas Cook.

To speak to one of our specialist employment solicitors please call us on 033 3344 9600 or simply complete our enquiry form below.

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