The 1998 "collective redundancies" directive 98/59/EC replaces and consolidates a 1975 version - Directive 75/129/EEC as amended by 1992 amending Directive 92/56/EEC. It obliges Member States to require employers to enter into obligatory consultation with employees whenever multiple redundancies are envisaged. The original version of the directive was implemented in the UK by TULRCA 1992, s.188.

The obligation applies if at least 20 employees at one establishment are to be made redundant within a period of 90 days (TULRCA 1992, s.188(1)). Regulations which came fully into effect on 1st November 1999 ensure that the consultation must be with a recognised trade union if affected employees are "of a description in respect of which an independent trade union is recognised by their employer" (TULRCA 1992, s188(1B) as substituted by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999, SI 1999/1925).

If an employer has failed to consult as required, a disaffected employee may present a complaint to an Employment Tribunal (TULRCA 1992, s.189). The tribunal can make a protective award of up to 90 days pay per disaffected employee (TULRCA 1992 s.189(4)).

Apart from this statutory duty imposed by TULRCA 1992, s.188 (as amended), there is also a general "good industrial practice" duty to consult, breach of which can result in a redundancy dismissal being unfair dismissal - see Redundancy/consultation/general .

For the purposes of the redundancy consultation provisions the expression redundancy is given the special euro-meaning of any "dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related" (TULRCA 1992 new s.195, inserted by TURERA 1993, s.34).

There is a useful redundancy consultation booklet available from the DTI/BERR website (BERR Guidance on "Redundancy consultation and notification: guidance" (URN 06/1965Y)).

The EC National Information and Consultation Directive 2002/14/EC was formally adopted on 11th March 2002. It requires British law to give new consultation and information rights to employees of all employers with 50 + staff by March 2008 (see notes at Consultation with employees/Information and Consultation regulations 2004 ).

See also Redundancy/consultation /general and generally see notes at UNFAIR DISMISSAL/redundancy and unfair dismissal/redundancy dismissal being unfair dismissal and CONSULTATION WITH EMPLOYEES .