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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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