Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations to:

(a)    inform appropriate representatives;

(b)   consult appropriate representatives; and

(c)    notify the Department for the Economy.

Art 216(6) of the Employment Rights (Northern Ireland) Order 196 (“ERO 1996") states: “For the purposes of the consultation the employer shall disclose [the below information] in writing to the appropriate representatives (or affected employees if representatives fail to be elected):

(a)   the reasons for his proposals;

(b)   the numbers and descriptions of employees whom it is proposed to dismiss as redundant;

(c)    the total number of employees of any such description employed by the employer at the establishment in question;

(d)   the proposed method of selecting the employees who may be dismissed;

(e)    the proposed method of carrying out the dismissals, with due regard to any agreed procedure, including the period over which the dismissals are to take effect;

(f)     the proposed method of calculating the amount of any redundancy payments to be made (otherwise than in compliance with an obligation imposed by or by virtue of any statutory provision) to employees who may be dismissed;

(g)   the number of agency workers working temporarily for and under the supervision and direction of the employer;

(h)   the parts of the employer’s undertaking in which those agency workers are working; and

(i)      the type of work those agency workers are carrying out.”

 Article 216(7) further states that “information shall be given to each of the appropriate representatives by being delivered to them, or sent by post to an address notified by them to the employer”.

Section 5 of Schedule 1 to the Interpretation Act 1978, provides that in any legislation, (unless the contrary intention appears), 'writing' includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form; and expressions referring to writing are to be construed accordingly.

Arguably sending the prescribed information via email would suffice as it would fall under a “mode of representing and reproducing words in a visible form”. Ultimately an employer needs to be able to demonstrate that meaningful consultation took place when proposals were at a formative stage. Therefore, an employer should consider whether providing the prescribed information via email is the most suitable and effective means of communication. If the employer is in any doubt, it should ensure that the information is also sent via post to employee representatives or affected employees.

The collective redundancy process is not straightforward and specific legal advice should be sought if your business is facing a possible redundancy scenario.