Collective and Individual Consultation
- 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.