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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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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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