The new time limit applies to all redundancies where the proposal to dismiss is made on or after 6 April 2013. This means that the changes will not apply to consultations which have already begun and are still on-going on 6th April. For dismissals of 20-99 employees, the consultation minimum remains at 30 days.
The new legislation confirms that employees whose fixed-term contracts are coming to an end by reason other than redundancy will not ‘count’ towards the total number of employees. Employees whose fixed term contracts are therefore being terminated on the grounds of redundancy will need to be included. However, this change could mean the difference between consulting for 30 days, 45 days or not at all. Voluntary redundancies will still need to be counted.
As before, there is no specified time limit for consultation to take place and employers should be aware that the purpose of consultation has not changed. Consultation should therefore still be carried out in good faith with the intention to be meaningful. This could mean delaying dismissals to allow for longer consultation in certain circumstances, particularly if employers need to allow for election processes before the minimum period starts. In addition, the upper limit for the protective award where employers fail to consult remains at 90 days’ pay.
In light of the changes, ACAS have produced non-statutory guidance which sets out case studies and provides a ten-point checklist for handling collective redundancies. The Guide is intended to offer clarity for employers regarding collective redundancy, distinguishing between what ‘must’ be done and what ‘should’ be done in an attempt to highlight to employers the strict legal obligations.
The code can be found here.
For more detailed information on the changes, or for assistance in planning a restructure within your organisation, please contact Kate Watkins on 0121 212 7494 or kate.watkins@anthonycollins.com.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
For part 5 in this series of short podcasts, Chris Lloyd-Smith interviews associate Kadie Bennett on how she has been coping during these unprecedented times.
The first report of Donna Ockenden and her team into the review of maternity services at The Shrewsbury and Telford Hospital NHS Trust has been published today.
The Family Solutions Group (FSG) recommends a shift away from adversarial family proceedings, to a child-centred, holistic approach to family separation.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.