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Topic: Redundancy

information and consultation flow chart
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Information and consultation flow chart

Information and consultation flow chart

This flow chart highlights the various situations where you may be legally obliged to inform and consult with a variety of employee representatives. 


Overview of main obligations

Health and safety: You must consult with employees or their representatives on health and safety matters. Safety representatives may be appointed or elected, or you can consult directly if your workplace is small

Redundancy: As well as the duty to consult with individual employees selected for redundancy, where 20+ redundancies are proposed within 90 days at one establishment, you must consult with appropriate representatives of those who may be affected by the proposed dismissals or by measures taken in connection with them.

TUPE: There are duties on both the transferor and transferee is to inform and consult with the appropriate representatives of affected employees. Micro-employers with fewer than ten employees may directly consult affected employees where there are no appropriate representatives.

Agreements under ICE Regulations: If you have 50+ employees, you are generally required to inform and consult IC representatives on an ongoing basis about potential measures and decisions that will affect the employment prospects of the employees they represent and which are likely to lead to substantial changes in the workplace. 

Occupational and personal pension schemes: Similarly, if you have 50+ employees, you are also required to inform and consult before making certain changes to occupational pension schemes and personal pensions which the employer contributes to.

European works council: Finally, if you are a large community-scale undertaking or a group of undertakings with employees in more than one EU member state, you may, in some circumstances, need to establish a European works council (EWC) or have an information and consultation procedure as a means of exchanging views and establishing a dialogue between management and employees. Generally, this applies if you have 1,000+ employees within the EEA member states and 150+ employees who are employed in each of at least two EEA member states.





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