Do you always have to have individual consultation in a redundancy dismissal even if there is a collective redundancy situation and elected/trade union representatives?

Posted in : First Tuesday Q&A NI on 5 January 2010
Arthur Cox
Arthur Cox
Issues covered:

The duty to collectively consult is imposed under Article 216 of the Employment Rights (Northern Ireland) Order 1996 and arises where an employer proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less. The duty is to consult appropriate representatives of the 'affected' employees - which may include other employees who will not be dismissed. Appropriate representatives include Trade Union representatives and representatives directly elected by the affected employees. The maximum penalty for failure to collectively consult is 90 days pay per employee. The statutory cap on a week's pay does not apply making it one of the most expensive

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Back to Q&A's This article is correct at 02/09/2015

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Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

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