he Employment Act 1980
Page 70
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Redundancies, 2
by Douglas Ainley 1/IPLOYERS who recognise a 3de union for collective baraining purposes and are oposing to make redundanas must follow the statutory quirements on consultation, 'en if only one is involved.
Where an employer proposes dismiss as redundant 100 or ore employees within a period 90 days or less, consultations ust begin at least 90 days bere the first dismissal takes feet.
Where ten or more employees e to be dismissed within 30 ays or less, at least 30 days }nsultation is required.
These are minimum periods; }nsultation must always begin
• the earliest possible opportuty. This is particularly relevant here less than ten employees .e affected, although, here, emoyers should allow at least 28 ays consultation.
Once the employer has }ecific redundancy plans, he iould start consultations. iese begin only when he gives e union representatives cerin written information and the 3or 30-day consultation ariods start from then. Without is information, unions could rrmulate no response, and conaltation would be meaningless. Given the collective right of lions to minimum consultation ariods, employers have to reancile this with the issuing of dividual dismissal notices.
Although the EPA 1975 prodes no -express guidance, the ght time to issue dismissal no-• ..:es is probably after the union as had the chance to respond
the employer's redundancy roposals and he has replied to ieir representations.
Also, employees are entitled
statutory minimum notice ?Hods. So, in practice, where ,ng-serving employees are to a dismissed, consultation will agin well before the minimum atutory periods, irrespective of umbers affected.
If you propose to make ten rivers redundant, all with eight aars' service, each requires at ast eight weeks (56 days) noce and consultations will begin efore the statutory 30-day ariod. Where an employer starts consultations within the statutory periods but then brings forward dismissals to take effect before these periods end he is wrong in law. But in practice employers could agree with the union to do this.
The specified consultation periods operate in relation to numbers of employees being dismissed at one establishment. Whether one depot amounts to one establishment or is part of a larger unit depends on how it is managed and administered, and how the redundancies are planned and implemented.
A haulage firm, run from head office, would have difficulties proving that every small depot was a separate establishment.
Where an employer begins consultations, but then — perhaps because he underestimated his difficulties — has to increase the number of redundancies, the two groups are not added together to trigger a longer consultation period.
If you consult on 83 redundancies, allow 30 days, but then decide 25 more are necessary, the 90-day period is irrelevant. The key is the employer's original (genuine) intention.
Consultation requires employers to disclose in writing: (1) Reasons for proposed redundancies; (2) numbers and descriptions of employees affected; (3) total numbers of such employees; (4) proposed selection methods; (5) proposed implementation methods, including time-scale; with regard to any agreed procedures.
This information must be given to union representatives. Therefore employers may consult with accredited shopstewards — no obligation exists to consult union head office.
Employers must then consider any union representations and reply thereto giving reasons where union points are rejected. Employers do not have to agree anything with union representatives; they must only consult, not negotiate. Provided they ob serve the statutory time limits and provide the required information, they need not vary their proposals at all.