Part IV

Industrial Relations
Chapter II

Procedure for Handling Redundancies

Duty of employer to notify Secretary of State

Duty of employer to notify Secretary of State of certain redundancies.
193
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
a
before giving notice to terminate an employee's contract of employment in respect of any of those dismissals, and
b
at least 45 days before the first of those dismissals takes effect.
2
An employer proposing to dismiss as redundant 20 or more employees at one establishment within such a period shall notify the Secretary of State, in writing, of his proposal
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,
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
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 (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 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..
Pt. 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
Word in s. 193(2) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(2)(a)
Words in s. 193(2) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(2)(b)
S. 193(4)(b) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(3)
Words in s. 193(6) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(4)(a)
Words in s. 193(6) substituted (26.10.1995) by S.I. 1995/2587, reg. 5(4)(b)
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
Words in s. 193(1)(2) inserted (1.10.2006) by The Collective Redundancies (Amendment) Regulations 2006 (S.I. 2006/2387), art. 3(2)
Words in s. 193(1)(b) substituted (with application in accordance with art. 2 of the amending S.I.) by The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 (S.I. 2013/763), arts. 1, 3(3)