Trade Union and Labour Relations (Consolidation) Act 1992

Duty of employer to notify Secretary of State E+W+S

193 Duty of employer to notify Secretary of State of certain redundancies. E+W+S

(1) An employer proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less shall notify the Secretary of State, in writing, of his proposal

[F1 (a) before giving notice to terminate an employee's contract of employment in respect of any of those dismissals, and

(b)] at least 90 days before the first of those dismissals takes effect.

(2) An employer proposing to dismiss as redundant [F2 20] or more employees at one establishment within [F3 such a period] shall notify the Secretary of State, in writing, of his proposal

[F1 (a) before giving notice to terminate an employee's contract of employment in respect of any of those dismissals, and

(b)] at least 30 days before the first of those dismissals takes effect.

(3) In determining how many employees an employer is proposing to dismiss as redundant within the period mentioned in subsection (1) or (2), no account shall be taken of employees in respect of whose proposed dismissal notice has already been given to the Secretary of State.

(4) A notice under this section shall—

(a) be given to the Secretary of State by delivery to him or by sending it by post to him, at such address as the Secretary of State may direct in relation to the establishment where the employees proposed to be dismissed are employed,

[F4 (b) where there are representatives to be consulted under section 188, identify them and state the date when consultation with them under that section began,]

(c) be in such form and contain such particulars, in addition to those required by paragraph (b), as the Secretary of State may direct.

(5) After receiving a notice under this section from an employer the Secretary of State may by written notice require the employer to give him such further information as may be specified in the notice.

(6) [F5 Where there are representatives to be consulted under section 188 the employer shall give to each of them a copy of any notice given under subsection (1) or (2).]

The copy shall be delivered to them or sent by post to an address notified by them to the employer, or [F6 (in the case of representatives of a trade union)] sent by post to the union at the address of its head or main office.

(7) If in any case there are special circumstances rendering it not reasonably practicable for the employer to comply with any of the requirements of subsections (1) to (6), he shall take all such steps towards compliance with that requirement as are reasonably practicable in the circumstances [F7 Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements.].

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 193(1)(2) inserted (1.10.2006) by The Collective Redundancies (Amendment) Regulations 2006 (S.I. 2006/2387), art. 3(2)

F2 Word in s. 193(2) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(2)(a)

F3 Words in s. 193(2) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(2)(b)

F4 S. 193(4)(b) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(3)

F5 Words in s. 193(6) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(4)(a)

F6 Words in s. 193(6) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(4)(b)

F7 Words in s. 193(7) inserted (30.8.1993) by 1993 c. 19, s. 34(4); S.I. 1993/1908, art. 2(1), Sch. 1

194 Offence of failure to notify. E+W+S

(1) An employer who fails to give notice to the Secretary of State in accordance with section 193 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Proceedings in England or Wales for such an offence shall be instituted only by or with the consent of the Secretary of State or by an officer authorised for that purpose by special or general directions of the Secretary of State.

An officer so authorised may F8 ... prosecute or conduct proceedings for such an offence before a magistrates’ court.

(3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Words in s. 194(2) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211(2), Sch. 21 para. 105, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(ix) (with art. 9)