Why might an employer face criminal prosecution if a collective redundancy process is not followed correctly?

Posted in : First Tuesday Q&A NI on 5 April 2022
Chris Fullerton
Arthur Cox NI
Issues covered: Redundancy; Collective Consultation

There has been considerable media attention on P&O Ferries after it made 800 staff redundant with immediate effect, resulting in accusations that the correct redundancy process had not been followed and also accusations that P&O should face criminal proceedings. The staff of P&O Ferries will almost certainly have successful claims for unfair dismissal and a failure to collectively consult as a result of no redundancy process being followed. However, these claims are separate from the prospect of the company facing criminal prosecution.

The rules on collective consultation already carry a potential criminal offence where an employer fails to notify the Secretary of State (for

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Back to Q&A's This article is correct at 05/04/2022

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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