Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
What constitutes “one establishment” for collective consultation purposes?
Collective redundancy is a highly contentious issue and we recommend that bespoke legal advice is sought if your business is experiencing a potential redundancy situation.
Firstly, an employer who is proposing to dismiss as redundant 20 or more employees at “one establishment” within a period of 90 days or less must meet the following legal requirements:
- Complete and submit Form HR1 which can be found on the Department for the Economy’s (“DfE”) website. Late notification or failure to notify, is a criminal offence and the employer may be liable to a fine; and
- Consult with employee representatives. These may be trade union representatives and/or elected employee representatives for those employees
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