Following recent changes to the length of consultation required when making collective redundancies, the Advisory, Conciliation and Arbitration Services (Acas) has published a guide for employers entitled ‘How to manage collective redundancies’.
The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013, which came into force on 6 April, reduced from 90 days to 45 days the consulation period required when an employer proposes to dismiss 100 or more employees at one establishment within a period of 90 days or less. The consultation period required when between 20 and 99 redundancies are proposed remains unchanged at 30 days.
The guide includes a ten-point ‘checklist’ on handling collective redundancies:
- When does consultation start?
- What is meant by an establishment?
- How many employees are involved?
- Who to consult?
- What information should you provide?
- How should consultation be conducted?
- How long should consultation last?
- When do you carry out individual consultation?
- When does dismissal take effect? and
- What are the rights of redress?
It also gives guidance on handling situations where the possibility of redundancies is related to a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) or is the result of insolvency.
There are also appendices covering redundancy and the law, providing sample forms, and giving information on statutory redundancy pay and the election and role of employee representatives.