Restructuring/ Reorganisation Flowchart - Staffcentral - University of ...

HR Department
September 2012
TOOL 7
Statutory provisions for consulting in redundancy situations
Where the university is faced with a potential redundancy situation there are certain statutory
provisions it has to comply with under S.188 of the Trade Union and Labour Relations
(Consolidation) Act 1992 and subsequent legislation. The statutory provisions are that any
proposals should be communicated to the trade unions as early as possible, with a view to reaching
agreement.
The main provisions of the legislation are:
avoiding the dismissals;
reducing the numbers of employees to be dismissed; and
mitigating the consequences of the dismissals.
For the purposes of statutory consultation the manager (as advised by the Human Resources
Department) will need to disclose in writing to the trade union representatives (and affected
employees) the following information:
The reasons for the proposed redundancies;
The numbers and descriptions of staff whom it is proposed to dismiss as redundant;
The total number of staff of that description employed at the establishment;
The proposed method of selecting the staff who may be selected for redundancy;
The proposed method of carrying out the dismissals, having due regard to any agreed
procedure and the proposed timing of them;
The proposed method of calculating the amount of any redundancy payments to be made to
staff who may be dismissed.
In addition further information would need to be provided on agency workers (namely the number of
agency workers, the areas of the university they are working in and the type of work they are
covering) in redundancy situations. Further advice should be sought from the Human Resources
Department on these issues.
The above information should be delivered to the trade union representatives, or sent by post to an
address notified by the employer (employees), or to the trade unions main or head office. The trade
union consultation should then start at the earliest possible opportunity.
The purpose of collective consultation is to consult trade union representatives of any affected
employees in terms of the proposed dismissals and any measures connected to these dismissals.
Therefore collective consultation should include any ways of avoiding dismissals, reducing the
number of employees to be dismissed and mitigating the effects of dismissal.
Individual consultation with affected staff also needs to be carried out and these staff have the right
to be accompanied by a trade union representative.
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