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20 September 2013 / John McMullen
Issue: 7576 / Categories: Features , Employment
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Trigger movements

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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% of the workforce in an establishment with 100 to 299
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

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Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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