The Collective Redundancies and Transfer of Undertaking (Protection of Employment) (Amendment) Regulations 1999

An SI was laid before parliament on 7th July 1999 improving procedures for informing and consulting employee representatives when there are plans to make large-scale redundancies or TUPE transfers.

The Collective Redundancies and Transfer of Undertaking (Protection of Employment) (Amendment) Regulations 1999 (which will be allocated a number in the next few days) is to bring UK law into line with the Acquired Rights Directive and the Collective Redundancies Directive.

The Regulations apply to redundancies or transfers involving 20+ employees. It comes into force on 28th July 1999, but will not apply in respect of collective redundancies or business transfers occurring before 1st November 1999.

The main changes are as follows:

(1) Employers who recognise a trade union must in future consult that union and cannot just consult other representatives of the employees;

(2) Specific requirements are laid down for electing employee representatives to be consulted in cases where the employer does not recognise a union;

(3) It is made clear that representatives of all employees who may be affected should be consulted - not just those whom it is proposed to be made redundant;

(4) Representatives are given specific rights for time off work;

(5) Remedies are changed, for example the protective award is increased from 4 weeks to 13 weeks' pay.

The S.I. will be formally published by HMSO in the next few days. I will send out a copy by Email to anyone who asks me! (dbarnett@2gis.co.uk)