Collective and Individual Consultation

Key Points

  • Unfair dismissal risk if employee(s) at risk not properly consulted.
  • Question of fact and degree whether inadequate consultation results in unfair dismissal.
  • Statutory duty to appoint appropriate representatives if 20 employees or more at risk.
  • The ECJ has held that 'establishment' for the purposes of collective consultation means an individual workplace/entity rather than the employer as a whole;
  • Failure to engage in collective consultation can lead to a protective award.
  • Statutory consultation periods apply in the case of collective redundancies.
  • Duty to notify Secretary of State in the case of collective redundancies.

 

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