All employees who are at risk of redundancy must be consulted with; otherwise there is a risk that their dismissals will be unfair. There is no statutory period for consultation in a redundancy situation involving fewer than 20 proposed redundancies. Instead, meaningful consultation must take place with the employees on an individual basis prior to a final decision being made.
If you are proposing to dismiss as redundant 20 or more employees within 90 days, you must also consult with appropriate representatives of affected employees. This is known as collective redundancy consultation. In relation to proposals to dismiss as redundant 100 or more employees within 90 days, consultation must begin at least 45 days before the first dismissal takes effect. In relation to proposals to dismiss as redundant between 20 and 99 employees within 90 days, consultation must begin at least 30 days before the first dismissal takes effect.
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