Redundancy consultation periods cut

Greg Burgess, ASB Law.
Greg Burgess, ASB Law.

by Greg Burgess, of asb law

The government has announced that redundancy consultation periods for large-scale redundancies will be reduced from 90 days to 45 next year.

Currently, where employers are proposing to make more than 99 roles redundant, they must consult for at least 90 days before anyone can be let go.

Redundancies affecting between 20 and 99 staff are subject to a shorter minimum period of 30 days for collective consultation. This will not change.

This is the latest in a number of changes to employment law next year, all of which are intended to reduce what employers perceive to be a burden of red-tape.

asb law’s head of employment Greg Burgess said: “This is one of the areas of employment law which is long overdue an overhaul.

"In my experience, 90-day consultation periods are counter-productive – their intention is to allow a long and comprehensive dialogue between employers and their staff (and unions).

“However, in the vast majority of mass redundancy programmes, both employer and employees want to know where they stand, without delaying what they perceive to be an inevitable outcome.

"In the vast majority of cases, 45 days give employers more than enough time to consult staff (and their unions), and to avoid any bad feeling that uncertainty and prolonged delays can cause.”

The Shadow Cabinet and trade unions have criticised the proposal, but Mr Burgess said: “Of course employers should engage in meaningful consultation with their staff whose jobs are at risk, but workers’ rights will remain more than adequately protected despite this change.”

  • Greg Burgess can be contacted as asb law on 01622 656500
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