Agency workers information for redundancy consultation

In 2011, the Agency Workers Regulations 2010 (SI 2010/93) amended the Trade Union and Labour Relations (Consolidation) Act 1992 to introduce a requirement for employers to provide information on agency workers under their collective redundancy and TUPE information and consultation obligations. This includes the numbers of agency workers working in the organisation and the type of work they are doing. Failure to provide the relevant information can result in potentially costly protective awards being made.

Employment tribunal decisions

HR & Compliance Centre highlights two recent employment tribunal claims involving large employers that failed to comply with this obligation.

• Capita fails to provide agency workers information in collective redundancy consultation
• Council fails to provide agency workers information in redundancy and TUPE consultations

FAQs

• What information must the employer disclose prior to redundancy consultations?

Employment law manual

• Termination of employment > Informing and consulting prior to redundancies
• TUPE > Informing and consulting prior to transfers

Policies and documents

• Collective consultation - letter informing union or employee representatives of proposed redundancies
• Letter informing employee representatives about a transfer that is to take place

Good practice manual

• Change management > informing and consulting during a collective redundancy process
• Change management > TUPE