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 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
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