Q&As

Where an employer begins collective consultation under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, then due to a change in circumstances fewer redundancies are required and so an updated section 188 letter is sent setting out the reduced number of proposed redundancies, does this have any impact on the 30-day period for consultation?

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Produced in partnership with Lydia Seymour of Outer Temple Chambers
Published on: 21 February 2022
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If an employer proposes to make 20 or more people redundant, section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) requires a minimum period of collective consultation before the first of the dismissals takes effect. The length of the minimum period of consultation depends on the number of people who it is proposed to make redundant—if it is between 20 and 99 the minimum period is 30 days, and if 100 or more, it is 45 days. In order for the consultation to be effective, the employer will need to provide written details of the proposed redundancies including the number of people who it proposes to make redundant. For further information, see Practice Note:

Lydia Seymour
Lydia Seymour

Barrister, Outer Temple Chambers

Lydia has a specialist pensions and employment law practice. She has been recognised by the legal directories as a leading junior since 2005 and is listed for both pensions and employment.

Her practice includes all aspects of ‘black letter’ pensions law, including: de-risking, rectification, withdrawal arrangements in multi-employer schemes and trustee duties. She also has wide experience of all areas of employment law.

Given the dual nature of her practice Lydia has a particularly strong reputation in the areas of crossover between pensions an employment law and has been instructed in a number of leading claims in this area, particularly those concerning equalisation, age and discrimination in the context of pension provision, TUPE and breach of trust and confidence.

Lydia sat as a fee paid Employment Judge for 12 years.

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United Kingdom
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