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
Emma-Jane Flannery
Arthur Cox

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

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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