What is a collective consultation?

Collective Consultation is a process under which employers have to consult staff representatives as opposed to consulting with them individually. However, there are two key situations where an employer must consult with staff on a collective basis.

Considering this, what is a collective consultation process?

Employer obligations in a collective consultation process

Once an employer proposes redundancies, they have a duty to inform and consult with appropriate representatives (trade union representatives, directly elected representatives or a standing body of elected or appointed representatives) of the affected employees.

Similarly, how do I start a collective consultation?

  1. Step 1: Determine when the obligation to collectively consult arises.
  2. Step 2: Ensure that appropriate employee representatives are in place.
  3. Step 3: Notify the Secretary of State.
  4. Step 4: Provide information to the appropriate representatives.
  5. Step 5: Consult with the appropriate representatives.

In this regard, how long is collective consultation?

There's no time limit for how long the period of consultation should be, but the minimum is: 20 to 99 redundancies - the consultation must start at least 30 days before any dismissals take effect. 100 or more redundancies - the consultation must start at least 45 days before any dismissals take effect.

How do I prepare for a redundancy consultation meeting?

Before the meeting

  1. Obtain copies of: the consultation proposals.
  2. Find out from your employer:
  3. Think about the wider impact of the proposed changes, for example:
  4. Prepare a list of questions and issues applicable to you.

Related Question Answers

What is the purpose of collective consultation?

Collective Consultation is a process under which employers have to consult staff representatives as opposed to consulting with them individually. However, staff may need to be consulted individually as well, depending on the circumstances. Consultation is important in a wide variety of employment situations.

What is consultation process?

Consultation is when you talk with employees and their representatives to explain your planned changes and get their feedback and input. Consultation must be 'meaningful' – this means you must get their feedback and input, and seriously consider their proposals.

How does a consultation process work?

Consultation involves taking account of as well as listening to the views of employees and must therefore take place before decisions are made. Making a pretence of consulting on issues that have already been decided is unproductive and engenders suspicion and mistrust about the process amongst staff.

Who should be present at a redundancy consultation?

You should be invited to at least 1 individual meeting with your employer to discuss redundancy. Apart from your individual meeting there isn't a set process. Your employer still needs to have a clear process, but there are no rules about what it should be.

Can I go off sick during redundancy consultation?

An employer is taking a risk if it fails to consult with an employee on sick leave. An employee's absence during the redundancy consultation process for other reasons, such as maternity leave or paternity leave, may make it clear that the role that individual performs is no longer required.

What are the stages of redundancy?

Five-Step Redundancy Process
  • Explore Whether Or Not You Can Avoid Redundancies.
  • Identify The Employees You Will Make Redundant.
  • Hold Redundancy Consultations.
  • Giving Staff Notice.
  • Deciding On Redundancy Pay.

How long does it take for redundancy to be paid?

This largely depends on how quickly the RPS processes the claims, but it aims to pay within 3 to 6 weeks of receiving the claim. Hopefully this will mean that your claim will be paid out within 8 weeks of the liquidation.

Can you ask for redundancy?

Your employer might ask if anyone wants to take voluntary redundancy. If you volunteer, it's up to your employer if they select you for redundancy.

What questions should you ask at a redundancy consultation meeting?

Ask why; why now; what are they hoping the redundancy or redundancies will achieve; what will happen to your duties and responsibilities; what alternatives have they considered (for example, furlough etc)? Make sure your concerns are known and make sure you obtain a response from your employer to your questions.

Does consultation always end in redundancy?

Consultation does not always end in redundancy and in many cases employers will place more staff than is necessary in consolation so they can be seen to be taking a fair and responsible approach to redundancies.

Do you have to have a consultation period before redundancy?

There is no legislative requirement to consult about the redundancy before a decision is made to make an employee redundant. The Fair Work Ombudsman can assist you with enquiries about the application of modern awards and enterprise agreements.

What is a sham redundancy?

Sham Redundancy Solicitors - Unfair Dismissal Claims

This can be a substantial sum or it can be nothing. A sham redundancy solicitor acts when the situation is such that an unfair dismissal is dressed up to look like a genuine redundancy because its cheaper for the employer to do so.

How much redundancy pay do you get?

You'll normally be entitled to statutory redundancy pay if you're an employee and you've been working for your current employer for 2 years or more. You'll get: half a week's pay for each full year you were under 22. one week's pay for each full year you were 22 or older, but under 41.

What criteria is used for redundancy?

The following criteria can be used when selecting employees for redundancy:
  • Skills and experience;
  • Attendance and disciplinary records;
  • Standard of work performance; and.
  • Aptitude for work.

Can you take voluntary redundancy?

The Difference Between Voluntary and Compulsory Redundancy

Your employer can either give you notice of redundancy or give you the option to take voluntary redundancy. An employer may offer voluntary redundancy because they need to slim down the workforce, selling the company or restructuring their business.

What does consultation period mean?

A redundancy-consultation period is the time allocated for team conversations and meetings before formally agreeing to the redundancies. Within this time frame it's important for you and your team to discuss: Who's likely to be affected. What redundancies you need to make. Why you need to make them.

What is a collective redundancy?

You're part of a 'collective redundancy' if your employer is making 20 or more people redundant. Your employer has to hold a group consultation if there's a collective redundancy. You might be able to challenge your redundancy.

What does an employee representative do?

Summary. An employee representative is a worker within an organisation who is chosen by other workers within the organisation to represent a category of workers in negotiations or consultations with the employer.

What makes a good employee representative?

Essential skills of a staff representative. Active listening and effective questioning skills. (Self) presentation skills. The representative's role (disciplinary and grievance meetings)

What does an employee representative do in redundancy?

What duties do employee representatives elected for redundancy consultation have? The role of employee representatives in the context of a redundancy exercise is to represent the views and opinions of their constituent employees in the information and consultation process.

How do you conduct a consultation?

How to plan and conduct an effective stakeholder consultation: 7 top tips (Part 1)
  1. Start planning as early as possible.
  2. Clearly articulate purpose and objectives of the meeting.
  3. Linking documentation together makes your meeting stronger.
  4. Have good food for your stakeholders.

Can I be made redundant if my role still exists?

Can I be made redundant if my job still exists? Redundancy is only allowed if there's no longer a need for the role to exist, and it certainly isn't legal for you to be made redundant only for your job to be taken by someone else shortly after you've been made redundant.

How do you start a redundancy conversation?

The right way to break redundancy news
  1. Plan the conversation.
  2. Watch your language.
  3. Explain why the change is happening.
  4. Acknowledge their achievements and contributions.
  5. Tell them what to expect next.
  6. Organise career transition services.
  7. Be available afterwards.
  8. Talk to the survivors.

How can I negotiate a better redundancy package?

Negotiating a higher redundancy payout – 10 top tips
  1. Set out your objectives.
  2. Check your contract of employment.
  3. Check your employer's redundancy policies.
  4. Decide your negotiating strategy.
  5. (Almost) always seek to negotiate the financial values.
  6. Be clear and polite when negotiating.
  7. Take good notes of meetings.
  8. Do your research.

How do I make someone redundant nicely?

10 Tips on How to Announce Redundancy
  1. Develop a clear and simple communication strategy. Communicate a clear and consistent message based on the business reasons for the change.
  2. Prepare and practise.
  3. Avoid leaks.
  4. Be compassionate, visible and supportive.
  5. Signpost individuals to resources that can help them.

How do you tell someone they are being made redundant?

Start by saying that you are sorry to have to inform your team/the person that you need to make them redundant. You must give some reason as to why – this is both polite and an important part in helping the people understand why this is happening.

Can you be made redundant when off with stress?

The short answer to the question is yes, you can make someone redundant when they are off sick – but as with any dismissal, you are taking a risk, and how big that risk is will depend on the circumstances.

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