A Guide to the Collective Redundancy Consultation Process
This guidance note explains the obligations on employers when carrying out collective
redundancies. A separate Weightmans guidance note explains employers’ individual redundancy
obligations.
Whenever an employer is proposing to make redundancies and it recognises a trade union, as a
matter of good employee relations and fairness, the employer should collectively consult with
the trade union about the proposed redundancies. This is irrespective of the number of
redundancies proposed.
When does the duty to collectively consult arise?
Where the employer is proposing to dismiss 20 or more employees at an establishment within a
90 day period or less, then there is a statutory obligation on the employer to consult on a
collective basis with representatives of affected employees. This statutory obligation arises
whether or not the employer recognises a trade union (section 188(1) Trade Union and Labour
Relations (Consolidation) Act 1992 (‘TULRCA’).
In addition to this, there is also a duty to inform the Secretary of State for Business, Innovation
and Skills about the proposed redundancies. This is done by submitting form HR1 )link to
website http://www.insolvency.gov.uk/pdfs/rpforms/hr1.pdf) to The Insolvency Service, who
must receive the form at least 30 or 90 days before the first dismissal, depending on whether a
30 or 90 day collective consultation period is required. A copy of the completed HR1 should be
given to the employee representatives at the start of the collective consultation process (see
below).
What is a “Redundancy”?
“Redundancy” has a wider meaning in the context of collective redundancy consultation than the
definition which applies for the purposes of individual fair dismissal legislation (as set out in the
Employment Rights Act 1996 (‘ERA’):
a) Under the ERA, redundancy is defined as a disappearing job, a disappearing workplace or a
situation where the employer requires fewer employees to carry out work of a particular kind;
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b) by contrast, section 188 of TULRCA defines a "redundancy" for collective consultation
purposes as a dismissal "not connected with the individual worker concerned". This definition
includes the traditional concepts of redundancy under the ERA but will also include:

the situation where an employer changes employees’ terms and conditions of employment
through termination and re-engagement (even if the job functions or place of work of the
employees have not changed, the reason for dismissal is not connected with the individual
employee); and

the expiry and non-renewal of a fixed-term contract on the same terms.
What is the meaning of “dismissal”?
A "dismissal" will include an actual termination by the employer (with or without notice), the
expiry of a fixed-term contract which is not renewed on the same terms and may also include a
voluntary redundancy where it occurs in response to a proposal by the employer to make
redundancies. (Hence a proposal to make only voluntary redundancies may still trigger the
obligation to collectively consult). The statutory definition of dismissal focuses on what is
happening to the individual employment contract, rather than to the employment relationship
as a whole. Thus an employee can be dismissed where the employer brings their current
contract to an end, even though he/she continues to be employed by the same employer under
a new contract i.e. where an employee is made redundant from their existing job but is
redeployed to suitable alternative employment.
Which employees are counted?
It is the number of employees proposed to be dismissed that counts towards the numbers and
so agency workers need not be considered provided they truly can be said to be agency workers
and not employees.
Fixed term employees and temporary employees would count towards the numbers. This is
unless the fixed term employees have contracts of three months or less or are recruited to carry
out a specific task which is expected to end before three months has expired, provided that in
either case the employees have not been employed for more than three months.
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Potential new starters will also count towards the numbers if they have been offered and have
accepted a contract of employment, even though they have not yet commenced the role.
Volunteers for redundancy will also count towards the 20 + employees.
However collective consultation should take place with appropriate representatives of affected
employees. Affected employees are not just those employees who may be at risk of redundancy
but also employees who will be impacted by the redundancy measures e.g. they may be
required to take on additional work, be subject to a new system of work or have a change of
reporting line. Further, the employer must take care not to forget to consult ‘atypical’ affected
employees such as:

employees on long-term sick leave;

employees on maternity/additional paternity leave;

fixed term employees (except genuine “temps” as above);

part-time employees;

workers who could arguably be classed as employees;

employees on sabbaticals;

employees on career breaks;

employees on holiday; and

employees on secondment.
20 or more redundancies in 90 days
a) The statutory ‘trigger’ looks at a rolling period of 90 days to see whether an employer's
proposal will result in 20 or more dismissals in any 90 day period. A dismissal takes effect on
the date when the employment contract comes to an end, e.g. a dismissal on notice will
therefore take effect when notice expires, rather than when notice is given.
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b) An employer can legitimately avoid the collective consultation obligation by deliberately
staggering the dismissals in small batches over a longer period.
c) When determining whether or not 20 or more dismissals are proposed, no account is taken of
proposed dismissals in respect of which the statutory collective consultation has already begun.
For example, suppose that an employer has proposed 30 redundancies and begins collective
consultation. It then proposes to make another 10 redundancies within the same overall period
of 90 days. Because statutory collective consultation has already commenced on the original 30
redundancies, the subsequent 10 redundancies can be viewed in isolation and there will be no
obligation to collectively consult about them.
A word of caution though. If an employer proposes to dismiss as redundant 10 employees and
then a further 12 employees are proposed within a 90 day as the total number of redundancy
proposed is over 20, then the statutory collective consultation obligations will kick in.
What is an “Establishment”?:
a) “Establishment” means the unit to which the proposed redundant workers are assigned to
carry out their duties. In the vast majority of cases, a specific geographical location will count as
one "establishment". However, sometimes separate geographical locations can be aggregated
into a single establishment. For example, in one case it was held that building operations being
carried out on 14 sites, with a common headquarters which functioned as an administrative
base, constituted a single establishment.
b) A common problem relates to mobile sales forces, where it is necessary to consider whether
staff are assigned to separate establishments (such as local offices) or whether, taken together,
they constitute an establishment in their own right. The question is ultimately one of fact for the
employment tribunal.
When should consultation start?
An employer is obliged to enter into collective consultation where it is “proposing to dismiss” as
redundant 20 or more employees at one establishment. This means that:
a) consultation must begin while the employer’s proposals are still at a formative stage: the
employer cannot properly consult over something that has already been decided;
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b) before the duty to collectively consult arises, however, the employer's decision-making
process must be sufficiently well advanced to have identified the fact that over 20 employees
may be dismissed as redundant at one establishment within a period of 90 days or less. (Note
also that an employer may "propose" redundancies even though alternatives to redundancy are
also being considered).
The overriding obligation under section 188 TULRCA is that consultation should begin "in good
time" before the first of the redundancies take effect. TULRCA also states that specific minimum
periods must elapse between the start of the consultation process and the date of the first
dismissal, depending on the number of dismissals being proposed:

where the employer is proposing to dismiss 100 or more employees within a 90 day period,
consultation must begin at least 90 days before the first dismissal takes effect;

where the employer is proposing to dismiss between 20 and 99 employees in a 90 day
period, consultation must begin at least 30 days before the first dismissal takes effect.
[n b) above there are some potentially important differences between the European Collective
Redundancies Directive (Directive 98/59) (the Directive) and TULRCA, including with regard to
the timing of the consultation process. Brief details are set out below].
The 90 and 30 day periods are minimum requirements: in some cases, these minimum periods
may in reality be insufficient for there to be proper consultation on all the issues about which
the employer is obliged to consult, particularly where fixed holiday periods, such as factory
shutdowns, occur during the consultation process.
Given that “good time” is judged according to how much time is left until the proposed date on
which the first redundancies are to take effect, the employer must form a view on:

the likely date of the first of the collective redundancies taking effect, assuming that
adequate negotiations take no more time than could be reasonably expected and that
negotiations take place with willingness and good faith on both sides towards reaching an
agreement; and then

how long it could reasonably be expected to take to negotiate an agreement covering at
least the subjects which TULRCA requires to be considered (see below).
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A separate duty to inform and consult may, however, arise much earlier if there is an
information and consultation agreement in force. The Standard information and consultation
provisions (SICP), for example, require the employer to inform and consult with a view to
reaching agreement over "decisions likely to lead to substantial changes in work organisation or
in contractual relations". This could mean discussing business decisions that could potentially
lead to redundancies, before those decisions are made. However speculative proposals will not
fall into this category until they become plans which are likely to happen.
Consultation will typically begin with the announcement of proposed redundancies and the
provision of information to the employee representatives (see below). Where it is necessary to
elect those representatives, consultation cannot begin until after the representatives have been
elected. The date on which the requisite statutory information is provided to the representatives
(or, where not all information is provided at once, the date on which sufficient statutory
information is provided for meaningful consultation to take place) will typically be taken to be
the date on which consultation begins.
With whom must the employer consult?
The obligation on the employer is to consult "appropriate representatives" of “any of the
employees who may be affected by the proposed dismissals or by measures taken in connection
with those dismissals” (section 188(1), TULRCA). The employer must therefore identify first the
affected employees and thereafter their appropriate representatives.
Identifying the affected employees
The "affected employees" are both those immediately at risk of dismissal and also those
affected by measures associated with the proposed redundancies. In the context of collective
redundancies “measures” is likely to include any organisational step taken in connection with or
as a result of the proposed redundancies, such as new systems of work, new working hours or
arrangements, proposed variations to contracts of employment and new reporting lines.
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Identifying the appropriate representatives
"Appropriate representatives" is an umbrella term, covering three separate potential categories
of representatives:

representatives of a recognised trade union;

directly elected representatives; or

a standing body of elected or appointed representatives not specifically elected for the
purpose of redundancy consultation.
a) Trade union representatives: employers must consult with trade union representatives rather
than any other category of representative where the affected employees fall within a bargaining
unit in respect of which an independent trade union is recognised by the employer (section 188
(1B) TULRCA). This is even though not all affected employees in the bargaining unit may be
members of the trade union. There may also be additional and slightly different obligations to
consult with other representatives under a Works Council or Staff Forum agreement. A
thorough search needs to be carried out to ascertain what collective, recognition, framework,
works council or staff forum agreements exist.
Where there is a recognised union, but it does not cover all the affected employees, then
the employer must consult other appropriate representatives in respect of those employees
who are outside the bargaining unit.
b) Choosing whom to consult if there is no trade union: where there is no recognised trade
union in respect of the affected employees then the employer may choose to consult either:

representatives directly elected for the purpose by the affected employees (and there are
specific statutory rules under section 188A TULRCA which govern the election of such
employee representatives
OR

a standing body of elected or appointed representatives (such as a national works council
or staff forum) who were not specifically elected for the purpose of redundancy
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consultation but who nevertheless have authority from the affected employees to receive
information and to be consulted about the proposed dismissals on their behalf (section
188(1B)(b), TULRCA).
In practice, most employers will choose to consult with representatives directly elected by the
affected employees rather than a standing body of representatives as there are certain
advantages in choosing the former – not least the certainty that they have the authority to enter
into the collective redundancy consultation. If the numbers involved are not substantial, and
there are no appropriate representatives, then employees may decide not to hold elections. If
so, the employer can continue with the redundancy process after a reasonable period, with the
employees being provided with the statutory information and consulted with on an individual
basis. Even if a minority of employees wish to hold elections, they are entitled to do so and
their appointment should be for all future redundancy exercises (which is more efficient
and safer for future exercises). If the number of candidates in each constituency is the same as
the number of proposed representatives, it is logical to simply appoint the candidates rather
than vote them in if their success is guaranteed.
The number of representatives needed to conduct collective consultation is not specified by law
but employers are expected to ensure there is a sufficient number to properly represent the
interests of the affected employees. You should also take account of the number and type of
employees affected and any unusual circumstances such as widespread geographical locations
or varying shift patterns.
What information does the employer need to provide & consult on?
According to section 188(4) TULRCA, the following information must be provided by the
employer as a minimum:

the reasons for the proposed dismissals;

the number and descriptions of employees whom it is proposed to dismiss as redundant;

the total number of employees of any such description employed by the employer at the
establishment in question;
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
the proposed method of selecting employees who may be dismissed;

the proposed method of carrying out the dismissals, with due regard to any agreed
procedure, including the period over which the dismissals are to take effect;

the proposed method of calculating the amount of any redundancy payments to be made
(over and above the statutory redundancy payment) to employees who may be dismissed;

information about the numbers of agency workers working temporarily and under the
supervision of the employer, together with details of where they are working within the
organisation and what type of work they are carrying out

the HR1 Form
This information must be provided in writing to either the appropriate representatives, once
elected, or to the recognised trade union representatives. The only circumstances in which the
information should instead be provided to all of the affected employees is where they have
failed to elect representatives within a reasonable time frame.
The information must be provided to the employee/union representatives in a sufficiently
understandable form as to enable meaningful consultation to take place: the representatives
must have an adequate opportunity to fully understand the issues over which they are being
consulted - the proposed measures, their effect, and the reasons for them, etc.
It is not necessary for the employer to provide all of the statutory information at the outset of
the consultation: consultation can be deemed to have commenced as long as the employer has
provided sufficient information to enable meaningful consultation to take place. For example,
the employer may not initially be ready to give details about proposed selection criteria and how
the process of selection will be undertaken. This information could instead be provided at a
later stage, after consultation has begun about ways of avoiding or reducing the redundancies.
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The information to be provided to employee/union representatives should break down the
proposed dismissals by categories of employee and identify the total number of employees in
each category employed at the establishment. At this stage the employer will also need to
identify appropriate redundancy pools and establish whether selection for redundancy is
required: where all of the employees in the selection pool are to be dismissed then no selection
criteria will be required; however, selection criteria will be required where the proposal is to
reduce the numbers of employees in the pool. Our guidance on redundancy deals with the
issue of pooling and the selection process.
The information provided to the representatives must set out proposals for any redundancy
payments over the statutory basic entitlement. As a starting point, the employer will need to
consider whether there are existing, expressly agreed redundancy severance terms or terms
which apply by custom and practice. If there are no existing terms then the employer will have
to formulate some (assuming that it proposes to pay more than the statutory minimum). When
doing so, consideration will need to be given to matters such as:

does the employer want to establish (typically more favourable) voluntary terms as well as
compulsory terms (to provide an incentive to volunteer)?

communicating the proposed terms in a manner which prevents those terms acquiring
contractual force through custom and practice (e.g. stating that the terms have been
adopted for the purposes of the specific redundancy exercise and that there is no obligation
to apply the term in any future redundancy exercise);

the employer reserving the right to select volunteers according to business needs;

will employees be required to sign compromise agreements in return for enhanced
redundancy payments?

will employees be required to work their notice periods or stay until any defined point in
time, and how will the payments will be treated for the purposes of tax?
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From a practical, rather than legal point of view, in addition to the statutory information letter
to be provided to the representatives of the affected employees, the employer will need to
prepare an overall communication process so that they – rather than the representatives –
control the ongoing communications strategy. Employers should also take care to identify
employees on long-term sick leave, maternity, paternity, adoption or parental leave,
secondment and holiday, ensuring that they are included in any communication process. In
addition to employee communications, the employer may need to develop appropriate
communications to customers and suppliers, as well as Stock Exchange announcements (where
relevant), letters to local MPs and press releases.
The process of collective consultation:
According to section 188(2) TULRCA, the subject matter of the consultation must include ways
of:

avoiding the dismissals;

reducing the number of employees to be dismissed; and

mitigating the consequences of the dismissals;
and must be undertaken by the employer “with a view to reaching agreement with the
appropriate representatives”.
An employer must consult over the business reasons for the redundancies as part of the
obligation to consult over ways in which the redundancies can be avoided. For example, if an
employer is proposing to close a particular site, which will result in the loss of jobs,
consultation on avoiding the redundancies should include consultation about whether or not the
site should close and about alternative solutions which would keep it open.
In addition to consulting over the proposed dismissals, an employer should also consult over
the proposed ‘measures’ to be taken in connection with those proposed dismissals (e.g. new
reporting lines or organisational arrangements as a result of the proposed redundancies). It
should be noted that there may also be an obligation to consult about ‘measures’ under an
information and consultation agreement, depending on the type and scope of that agreement.
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In the light of this, the employer must be clear about the business case for the proposed
redundancies and have collated any relevant supporting documentation to be provided during
the consultation. The aim must be to provide the representatives of the affected employees with
a clear explanation of the business case, supported by the relevant information, so as to allow
them an opportunity to fully understand the proposals and prepare their response.
In addition, and given the need to consult about ways of reducing or avoiding the proposed
redundancies and about mitigating the consequences of the proposed dismissals, the employer
should provide the representatives with details of, and be ready to discuss, matters such as its
considerations to-date about the alternatives to making redundancies (e.g. short-time working
or job sharing), and the opportunities for redeployment, voluntary redundancies, etc.
Fair consultation
Case law has established that fair collective consultation involves the employer:
i) consulting when the proposals are still at a formative stage, when no decision has been made
that the redundancies will go ahead;
ii) entering into consultation with an open mind and with a willingness to be persuaded.
Consultation should be “genuine” and careful consideration should be given to views and
feedback expressed to the employer. Evidence of a closed mind or “going through the motions”
will not stand the employer in good stead with a tribunal.
iii) providing the employees through their representatives with adequate information on which
to respond and adequate time to liaise with the employees they represent;
iv) giving the representatives/employees a fair and proper opportunity to fully understand the
issues and to express their views and those of the employees they represent (and good practice
will mean ensuring the representatives have the facilities to do this, such as the use of a
meeting room, computer, photocopier and access to employees in work time);
v) providing adequate time for the representatives to report back to the employer;
vi) conscientiously considering the response to the consultation; and
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vii) providing a well-reasoned written response to the employees’/ representatives’ queries and
comments, and making compromises where practicable.
On a practical level it is recommended that a timetable and outline agenda for the consultation
process is discussed and agreed at the first consultation meeting with the representatives of the
affected employees. The following approach may be appropriate:

the first consultation meeting should be used to communicate the proposals, seek
agreement on the timetable for consultation, arrange the necessary meetings and try to
seek agreement on the use of voluntary redundancies. Redeployment may also be usefully
considered at this stage;

the purpose of the next consultation meetings would be for the union to respond to the
proposals and for detailed consultation to take place on whether the redundancies can be
avoided or reduced, alternatives to redundancy, and the appropriateness of the proposed
selection pools.
Thereafter, consultation should be about the process of implementation, including the selection
criteria, how they will be applied, how the individuals will be consulted, and proposed
timescales. Alternative employment and other forms of support for those dismissed may also be
discussed at this stage. The employer needs to think about when the redundancies are likely to
take place and whether it needs to retain some staff until the end of certain projects and/or for
any “handover” periods.
It is advisable for the organisation to have its own note taker at each consultation meeting so
that proper notes can be taken. At the end of each meeting it can be useful to make a note of
what items have been agreed as part of the consultation process and what items remain to be
consulted on; this can assist keeping under review what matters remain outstanding. Some
companies will choose to update the workforce on how collective consultation is progressing by
issuing a Question and Answer document to the workforce or something similar. Whilst there is
no obligation on an organisation to do this, it can be useful to ensure that consistent answers to
questions are being communicated to the workforce and to ensure that all employees are
covered (for example in unionised environments where not everyone is a union member).
Consultation with a view to reaching agreement
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The employer is obliged to conduct consultation “with a view to reaching agreement”. The
consultation process should amount to a negotiation rather than a simple exchange of opposing
views. Whilst ultimately an employer doesn’t have to actually agree to the employee/union
representative’s counter-proposals, it must have genuinely sought to consult with a view to
reaching an agreement.
When consulting, an employer should bear in mind the risks of conceding or not conceding an
issue. For example, it will support the fairness of any individual redundancy dismissal if the
employer used a selection procedure which was agreed with the trade union.
An employer ought also to ensure that it can counter the argument that the consultation was a
sham, e.g. by being able to show that it has changed its position on some issues as a result of
the talks.
How long should consultation last?
The process of consultation should continue for as long as is appropriate in order for the
employer to either reach an agreement or to exhaust the possibility of agreement. Provided that
the employer’s consultation efforts have been genuine, the only restriction which prohibits the
employer from proceeding with its redundancy proposals is the fact that dismissals cannot take
effect within the 30 or 90 day period after the start of the consultation.
It is not actually necessary for the collective consultation process to last for the duration of the
relevant 30/90 day period. However, prudent employers will treat the 30/90 day period as a
minimum before issuing notice of dismissal or terminating in lieu of notice, as this significantly
reduces the risk of claims being raised over an alleged failure to consult. The danger for
employers in issuing notices of termination during the 30/90 day period is that it will be
claimed that the employer has not allowed the consultation to run its full course; once notice of
termination of employment has been given, the employer is effectively stating that the
consultation process is at an end, at least in respect of the dismissed employees. However
where the employer has exhausted the collective consultation process, he can move onto the
individual consultation, stopping short of issuing notices of termination.
There are two limited (and rare) circumstances in which an employer may be excused from the
need to enter into full collective redundancy consultation. (Both represent a high risk for the
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employer and it is recommended that legal advice be sought if it is believed that either situation
applies):
i) Where employees fail to elect representatives: where the employer has invited the affected
employees to elect representatives and they fail to do so within a reasonable time, the employer
is released from the obligation to collectively consult. Instead, the employer's only obligation is
to give each affected employee the information required in section 188(4) (see paragraph 5.1 a)
above). However, given that the employer has the responsibility for organising the election, this
exception is extremely unlikely to occur in practice;
ii) The "special circumstances" defence: where there are "special circumstances which render it
not reasonably practicable" for the employer to comply with the requirement:

to begin consultation in good time and at least 30 or 90 days (as applicable) before the first
dismissal; or

to consult with a view to reaching agreement about ways of:
- avoiding dismissals;
- reducing the numbers of employees to be dismissed; and
- mitigating the consequences of the dismissals; or

to provide the statutory information under section 188(4);
then the employer "shall take all such steps towards compliance with that requirement as are
reasonably practicable in those circumstances" (section 188(7) TULRCA).
There is no generic category of "special circumstances", and the existence of special
circumstances is therefore judged on the facts of the case although it is unlikely that anything
but the most exceptional situations will be judged as being special. The burden of proof is on
the employer to show the existence of special circumstances and also to show that such steps
as were reasonably practicable were taken to comply with the particular requirement concerned.
Enforcement
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Complaints can be made to an Employment Tribunal in relation to a breach of the statutory
rules governing the election of employee representatives and in relation to a failure to inform
and consult more generally. If the tribunal finds a complaint well founded, it must make a
declaration to that effect and it may also make a protective award. As explained below,
protective awards can be very expensive for an employer
A protective award can be up to 90 days’ gross actual pay for every affected employee in
respect of whom the employer has failed to comply with any of the collective redundancy
consultation requirements. The purpose of the award is to compensate the employees for the
loss of the benefit of consultation rather than for their individual financial loss. Consequently,
receipt of wages during the protected period will not reduce that employee's entitlement under
the protective award.
The length of the protected period is at the tribunal's discretion. The tribunal must make such
award as they consider "just and equitable in all the circumstances having regard to the
seriousness of the employer's default", subject to a 90 day maximum in all cases. The Court of
Appeal has established the following principles:

the purpose of a protective award is to provide a sanction for the breach of the obligations
under section 188 by the employer. It is not to compensate employees for any loss which
they have suffered as a result of the breach;

the tribunal's discretion to do what is just and equitable is very wide but it should primarily
focus on the seriousness of the employer's default, which will vary from a mere technical
breach to a complete failure to inform or consult under section 188;

the tribunal may wish to consider whether the failure was deliberate and whether legal
advice was available to the employer about its obligations;

it is entirely appropriate in a case where there has been no consultation at all for the
tribunal to start with the maximum permitted protective award (i.e. 90 days) and to then
examine whether there are any mitigating circumstances which would justify this maximum
period being reduced.
As an illustration of how expensive it can be if an employer fails to fulfil its collective
redundancy obligations: if the average salary of those being made redundant is £26,000 and 40
employees are dismissed, that is maximum liability of £260,000. Such claims for breach of
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Section 188 cannot be settled in advance of Tribunal proceedings by a Compromise Agreement,
but only via ACAS conciliation.
How does the European Directive differ from TULRCA?
The collective consultation provisions of TULRCA differ from those of the European Collective
Redundancies Directive (Directive 98/59) in a number of important aspects. These differences
are of particular relevance for employers against whom the Directive can be directly enforced.
These include emanations of the state such as government departments, local authorities,
health authorities, further education corporations, police authorities and NHS trusts. In addition,
case law has established that privatised utilities such as electricity and water companies could
also fall into this category.
The key differences between the obligations under the Directive and under section 188, TULRCA
can be summarised as follows:

Under the Directive, the obligation to consult arises where collective redundancies are
"contemplated" as opposed to when they are "proposed" under TULRCA. The Directive is
generally accepted to require consultation to begin at an earlier stage than when an
employer "proposes" dismissals. (However, much of the importance of this difference has
been removed by the amendment of both the Directive (in 1992) and TULRCA (in 1993) to
require consultation to commence "in good time". This means that the focus is now on the
adequacy of the period allowed for consultation rather than the consultation commencing at
any particular stage in the decision-making process (see above);

There are no minimum time periods for consultation in the Directive. Consultation must
begin in good time;

Although TULRCA requires 20 or more collective redundancies to take place at one
establishment, there is no such requirement in the Directive. The Directive simply refers to
20 redundancies over a period of 90 days. It can therefore be argued that for emanations of
the state, any proposal which could lead to 20 or more redundancies occurring within any
90-day period anywhere in the organisation will trigger an obligation to collectively consult.
This issue could be of particular importance for the privatised former public utilities who
may have substantial operations at a number of establishments and where the obligation to
consult could very easily be triggered;
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
Under the Directive, the employer has a wide obligation to provide "all relevant information"
to representatives for the express purpose of enabling the representatives to make
constructive proposals. In contrast, TULRCA lists the information which must be provided
(section 188(4), TULRCA);

The "special circumstances" defence to a failure to consult under TULRCA has no equivalent
in the Directive.
This guidance note has been prepared as a general guide only. It is not a substitute for
professional advice which takes account of your specific circumstances and any changes in the
law and practice; at the time of the preparation of this note various changes to the relevant
provisions may be pending. The subjects covered constantly change and develop. No
responsibility can be accepted by the firm or the author for any loss occasioned by any person
acting or refraining from acting on the basis of this note. The copyright in this guidance note is
owned by Weightmans LLP.
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