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What does information and consultation involve?

There are two stages:

  • Stage 1 – The provision of written information to the representatives.
  • Stage 2 – Consultation on the proposed redundancies “with a view to reaching agreement” about certain matters

Stage 1: Provision of information

The first stage in the collective consultation process is to provide the representatives with written information including details of the proposed redundancies (often called a section 188 letter). This information must be given to the appropriate representatives and the time limit before dismissals can take effect does not start to run until they have received it. It is this information which ‘starts the clock’.

It is possible that there will be changes to the proposals during the consultation process: indeed that is part of the reason for the process. The employer’s obligation is not just to provide the appropriate representatives with the relevant information at the start of the process. It is under a continuing obligation to provide them with information in writing about any developments during the consultation process (although later changes do not ‘restart the clock’ before dismissals can take effect).

Stage 2: Consultation on the proposed redundancies “with a view to reaching agreement” about certain matters

The consultation process must include consultation “with a view to reaching agreement with the appropriate representatives” on ways of:

  • Avoiding the dismissals
  • Reducing the number of employees to be dismissed
  • Mitigating the consequences of the dismissals

Related FAQs

Is there anything I can do to try and settle my claim?

There are several options that can be used at this time to try and settle disputes. If it is not possible to settle a dispute via direct discussions between the parties then some form of Alternative Dispute Resolution (“ADR”) might be appropriate. Mediation is the most popular form of ADR. Most people’s perception of mediation is that it needs to be in person but that does not have to be the case.

Mediation can take place online or on the telephone. Most, if not all, ADR providers remain open for business and are quickly changing their business model to ensure that mediations can still take place. Mediation can be arranged at reasonably short notice and certainly so far as the online model is concerned, it mirrors the process that is adopted when parties appear in person. Online mediation allows for joint sessions with the mediator to take place and also for the parties to break out into their respective rooms for private discussions. If a dispute settles at mediation – and the vast majority do – then the agreement reached between the parties is binding and can be enforced.

A group of senior former judges and legal academics have now called for an acceleration in the use of ADR in light of the current circumstances. They have stated that courts should promote “and where appropriate require” the use of ADR. Mediation has particularly seen an increase in growth at this time.

ADR normally results in a quicker outcome than if the matter proceeds in the courts. Due to its conciliatory nature it is a very useful process where parties continue to be in a trading relationship. Contracting parties should also consider building ADR into dispute resolution clauses in their contracts so that in the event there is a dispute the focus is on resolving the dispute as soon as possible before it escalates into litigation.”

If, after deploying all control measures the risk is still deemed too great for employees to work safely, then what should employers do?

The law says that if after assessing a risk and considering all the control measures available to you, you cannot undertake a task safely – then you should not undertake the task.

If that means taking BAME workers out of higher risk frontline work, that is what will have to be done.

Beware of workers saying “we’ll accept the risk” – it does not protect you against regulatory/enforcement action or civil claims.

Can apprentices be furloughed?

The government has stated that the scheme will apply to apprentices and that they can continue to train whilst they are furloughed. However you must pay at least the Apprenticeship Minimum Wage, National Living Wage or National Minimum Wage for all periods of training during furlough leave, taking into account the rate increases from 1 April 2020 and the increases which will take effect from 1 April 2021. This means that you will be responsible for any shortfall in the amount claimed under the scheme and the appropriate minimum wage.

We recommend that you get in touch to discuss any queries on furloughing apprentices.

The Government

Government’s Covid-19 landing page

https://www.gov.uk/coronavirus

Covid-19 recovery strategy

https://www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy

Working safely during Covid-19

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Working safely during Covid-19: construction and other outdoor work

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/construction-and-other-outdoor-work

Working safely during Covid-19: factories, plants and warehouses

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/factories-plants-and-warehouses

Working safely during Covid-19: labs and research facilities

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/labs-and-research-facilities

Working safely during Covid-19: offices and contact centres

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/offices-and-contact-centres

Working safely during Covid-19: other people’s homes

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

Working safely during Covid-19: restaurants offering takeaway or delivery

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/restaurants-offering-takeaway-or-delivery

Working safely during Covid-19: shops and branches

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/shops-and-branches

Working safely during Covid-19: vehicles

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/vehicles

Business support: loans, tax relief and grants for businesses, employees and self-employed people

https://www.gov.uk/coronavirus/business-support

Education and childcare

https://www.gov.uk/coronavirus/education-and-childcare

Housing and accommodation: renting: guidance for landlords, tenants and local authorities

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities

Housing and accommodation: moving home

https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

Housing and accommodation: planning inspections

https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance

Healthcare workers, carers and care settings: NHS guidance for people working in healthcare

https://www.england.nhs.uk/coronavirus/

Healthcare workers, carers and care settings: PPE hub

https://www.gov.uk/government/collections/coronavirus-covid-19-personal-protective-equipment-ppe

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance

Healthcare workers, carers and care settings: shielding and protecting people who are clinically extremely vulnerable

https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance#guidance-for-unpaid-carers

Healthcare workers, carers and care settings: health, care and volunteer workers parking pass and concessions

https://www.gov.uk/government/publications/covid-19-health-care-and-volunteer-workers-parking-pass-and-concessions

International travel and immigration: travel advice for British citizens travelling abroad

https://www.gov.uk/guidance/travel-advice-novel-coronavirus

International travel and immigration: foreign travel advice for each country

https://www.gov.uk/foreign-travel-advice

International travel and immigration: waiting to return to the UK

https://www.gov.uk/guidance/coronavirus-covid-19-staying-where-you-are-if-you-cannot-return-to-the-uk

International travel and immigration: essential international travel guidance

https://www.gov.uk/guidance/coronavirus-covid-19-essential-international-travel-guidance

International travel and immigration: advice for UK visa applicants and temporary UK residents

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

Government’s financial support for businesses

This page help businesses find out how to access the support that has been made available, who is eligible, when the schemes open and how to apply.
https://www.businesssupport.gov.uk/coronavirus-business-support/

Rishi Sunak

The Twitter feed of the Chancellor of the Exchequer, where he has published various responses to some FAQs from the public.
https://twitter.com/RishiSunak

Can employees on fixed-term contracts be furloughed?

Yes. Their contracts can be renewed or extended during the furlough period without breaking the terms of the scheme.

If the employee’s contract has not already expired, the contract can be extended or renewed. The employee may be furloughed provided that they were employed on or before 30 October 2020. You must also have made a RTI submission to HMRC between 20 March 2020 and 30 October 2020.

If the employee’s contract expired on or after 23 September 2020, the employee can be re-employed and furloughed. Please note that the employee must have been employed by you on 23 September 2020 and you must have made a RTI submission to HMRC between 20 March 2020 and 30 October 2020.