6 April: Collective redundancy consultation period is reduced to 45 days

The minimum period for collective redundancy consultation is reduced from 90 to 45 days on 6 April 2013. Under s.188(1A) of the Trade Union and Labour Relations (Consolidation) Act 1992, employers are required to carry out consultation with employee representatives where they propose to dismiss as redundant 100 or more employees. From 6 April 2013, there must be at least 45 days between the beginning of consultation and the date on which the first dismissals take effect, rather than at least 90 days. 

Also from 6 April 2013, fixed-term contracts that have reached their agreed termination date are excluded when calculating whether or not there is a requirement to consult collectively. 

New non-statutory guidance, produced by Acas, will address the key contentious issues that arise during collective redundancy consultation. Acas has confirmed that it intends to publish the guidance by 6 April 2013. 

Also

The HR & Compliance Centre employment law manual sets out the law on informing and consulting prior to redundancies. 

Good practice: Informing and consulting during a collective redundancy process The HR & Compliance Centre good practice section covers informing and consulting during a collective redundancy process. 

The HR & Compliance Centre Liveflo service includes interactive flowcharts on the process to follow when conducting a redundancy process and when conducting an election for employee representatives for collective redundancy consultation. 

Legal timetable The HR & Compliance Centre legal timetable sets out all the upcoming changes to employment legislation and provides details of new legislation that has recently come into force.