Modifications etc. (not altering text)
C1Pt. IV Ch. II (ss. 188-198) modified (3.4.1995) by 1994 c. 19, s. 44(1)(b) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/852, art. 7, Sch. 26
(1)An employer proposing to dismiss as redundant an employee of a description in respect of which an independent trade union is recognised by him shall consult representatives of the union about the dismissal in accordance with this section.
(2)The consultation must begin at the earliest opportunity, and in any event—
(a)where the employer is proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less, at least 90 days before the first of those dismissals takes effect;
(b)where the employer is proposing to dismiss as redundant at least 10 but less than 100 employees at one establishment within a period of 30 days or less, 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 no account shall be taken of employees in respect of whose proposed dismissals consultation has already begun.
(4)For the purposes of the consultation the employer shall disclose in writing to the trade union representatives—
(a)the reasons for his proposals,
(b)the numbers and descriptions of employees whom it is proposed to dismiss as redundant,
(c)the total number of employees of any such description employed by the employer at the establishment in question,
(d)the proposed method of selecting the employees who may be dismissed, F1. . .
(e)the proposed method of carrying out the dismissals, with due regard to any agreed procedure, including the period over which the dismissals are to take effect. [F2and
(f)the proposed method of calculating the amount of any redundancy payments to be made (otherwise than in compliance with an obligation imposed by or by virtue of any enactment) to employees who may be dismissed.]
(5)That information shall be delivered to the trade union representatives, or sent by post to an address notified by them to the employer, or sent by post to the union at the address of its head or main office.
[F3(6)The consultation required by this section shall include consultation about ways of—
(a)avoiding the dismissals,
(b)reducing the numbers of employees to be dismissed, and
(c)mitigating the consequences of the dismissals,
and shall be undertaken by the employer with a view to reaching agreement with the trade union representatives.]
(7)If in any case there are special circumstances which render it not reasonably practicable for the employer to comply with a requirement of subsection (2), (4) or (6), the employer shall take all such steps towards compliance with that requirement as are reasonably practicable in those circumstances. [F4Where 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 such a requirement.]
(8)This section does not confer any rights on a trade union or an employee except as provided by sections 189 to 192 below.
Textual Amendments
F1Word in s. 188(4)(c) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1
F2S. 188(4)(f) and word preceeding it inserted (30.8.1993) by 1993 c. 19, s. 34(2)(a); S.I. 1993/1908, art. 2(1), Sch.1
F3S. 188(6) substituted (30.8.1993) by 1993 c. 19, s. 34(2)(b); S.I. 1993/1908, art. 2(1), Sch. 1
F4Words in s. 188(7) inserted (30.8.1993) by 1993 c. 19, s. 34(2)(c); S.I. 1993/1908, art. 2(1), Sch. 1