Multi-site redundancies: important changes to consultation rules

Earlier this week, the Employment Appeal Tribunal (EAT) reportedly reached a decision that turns on its head the law on employers’ collective information and consultation duties.

You may recall that where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within 90 days, it must consult with appropriate representatives. This obligation has been in force for more than 20 years. And a string of UK and EU judgments suggested that, under this duty, the number of proposed redundancies would normally be assessed in relation to each distinct site of the employer. As a result, it was understood that the duty is site specific and is not triggered by the overall number of redundancies across a business as a whole. As you may recall, failure to comply with the duty to inform and consult can lead to a protective award of up to 90 days’ actual pay, per affected employee…

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