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Legal Terms - collective redundancy
An employer with twenty or more employees has proposed to fire someone for being redundant. Under the Trade Union and Labour Relations (Consolidation) Act 1992, the employer is required in such a situation to provide information (see DISCLOSURE OF INFORMATION) and confer with elected workers' representatives or representatives of a recognized trade union in order to come to a consensus regarding ways to prevent the dismissals, minimize the number of employees to be let go, and lessen the impact of the dismissals (Hough v. Leyland DAF Limited [1991] IRLR 194 (EAT)). Fixed-term contracts are an exemption in some situations, according to an order made under the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 (e.g. where an employee’s contract was slated to expire during the period of the redundancies announced). The union may file a complaint with an employment tribunal if the employer disregards these standards, and if the complaint is upheld, the tribunal may grant a *protective award. Employment tribunals have ruled in Junk v. Kuhnel [2005] IRLR 310 (ECJ) that notice of planned layoffs must occur as soon as possible to allow for the union's representations to be considered.
An employer with twenty or more employees has proposed to fire someone for being redundant. Under the Trade Union and Labour Relations (Consolidation) Act 1992, the employer is required in such a situation to provide information (see DISCLOSURE OF INFORMATION) and confer with elected workers' representatives or representatives of a recognized trade union in order to come to a consensus regarding ways to prevent the dismissals, minimize the number of employees to be let go, and lessen the impact of the dismissals (Hough v. Leyland DAF Limited [1991] IRLR 194 (EAT)). Fixed-term contracts are an exemption in some situations, according to an order made under the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 (e.g. where an employee’s contract was slated to expire during the period of the redundancies announced). The union may file a complaint with an employment tribunal if the employer disregards these standards, and if the complaint is upheld, the tribunal may grant a *protective award. Employment tribunals have ruled in Junk v. Kuhnel [2005] IRLR 310 (ECJ) that notice of planned layoffs must occur as soon as possible to allow for the union's representations to be considered.
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