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Trigger movements

20 September 2013 / John McMullen
Issue: 7576 / Categories: Features , Employment
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John McMullen investigates the changing landscape of collective redundancy law

As it is currently drafted, the obligation to inform and consult under s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) is engaged when 20 or more redundancies are proposed “at one establishment” within a period of 90 days or less. The question is whether this threshold applies to 20 or more redundancies across the entire business, or within a smaller unit within the business, for the obligation to be triggered. If it is the latter, workers in those smaller business units may lose out on information and consultation rights.

EU law

To understand this provision it is necessary to outline the options available to member states when implementing the Collective Redundancies Directive (98/59/EC). Under Art 1(1)(a) of the Directive, member states can chose from one of two definitions of “collective redundancy”. These are as follows.

Option one

The dismissal, over a period of at least 30 days of:

  • 10 workers in an establishment with 21 to 99 workers;
  • 10%
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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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