Failure by an employer to meet the consultation requirements

Where redundancies are proposed, consultation with employees and their representatives should begin as soon as possible and must begin

At least 30 days before the first redundancy takes place if 20 - 99 employees are to be dismissed at one site over a period of 90 days or less

At least 90 days before the first redundancy takes place if 100 plus employees are to be dismissed at one site over a period of 90 days or less

Where it is felt that the employer has failed in any way to meet the consultation requirements, for example, by reducing the consultation period or by failing to consult on how any redundancies may be avoided, a complaint can be made to a tribunal. A trade union, an elected employee representative or any employee who has been or is to be dismissed can apply for a tribunal hearing.

Application must be made within three months of the date on which the last dismissal takes place.

Application to a tribunal should be made on form IT1

An ACAS conciliator can first attempt to settle the issue, if this fails a tribunal will hear the case. Hearings are informal. A solicitor is not necessary but can be present. Both parties can claim expenses such as travelling and loss of earnings if appropriate.

If the tribunal finds against the employer, it will make a protective award. This means that the employer will have to pay the employee/s their normal week's pay for a protected period, as a compensation. The tribunal set the duration of the protected period and this depends on how serious they consider the employer's fault to be.

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