Consulting on redundancies

The law says that you must consult employees before taking a decision to make them redundant. Depending on the numbers of redundancies, you may also be under a statutory duty to carry out collective consultation with union or employee representatives. This section covers both statutory collective consultation with appropriate representatives and individual consultation with employees who are at risk of redundancy. It also explains how to elect employee representatives for statutory consultation purposes.

For guidance on the particular issues that can arise in relation to consulting about redundancies where TUPE applies, see the section on TUPE transfers.

If you have a statutory works council (set up following an employee request under the Information and Consultation Regulations), you may also be required to consult it over decisions which may lead to redundancies - in other words, you may be required to start consultation at an earlier point in time than you would otherwise start.  Check the constitution and seek further advice.

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