collective redundancy

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The proposed dismissal as redundant by an employer of 20 or more employees. In such a situation the employer is required, under the Trade Union and Labour Relations (Consolidation) Act 1992, to disclose information (see disclosure of information) and to consult with elected workers' representatives or representatives of a recognized trade union with a view to reaching agreement about ways of avoiding the dismissals, reducing the numbers of employees to be dismissed, and mitigating the consequences of the dismissals. If the employer fails to comply with these requirements the union may complain to an employment tribunal who may, if the complaint is upheld, issue a protective award. Employment tribunals have held that notification of impending redundancies must take place at the earliest opportunity in order that representations by the union may be taken into account (Case C-188/03 Junk v Kuhnel [2005] IRLR 310 (ECJ).

Subjects: Law.

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