A form for giving the Secretary of State advance notice of collective redundancies.
Employers are obliged to notify the Secretary of State for Business, Innovation and Skills where they are proposing to dismiss as redundant 20 or more employees at one establishment (see Redundancy (8): collective consultation: Definition of "employer" and "employee") within a 90-day period (section 193, Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)). The amount of notice required depends on the number of proposed dismissals:
- For 20-99 redundancies in a 90-day period: at least 30 days before the first dismissal.
- For 100 or more redundancies in a 90-day period: at least 45 days before the first dismissal. This was reduced from 90 days on 6 April 2013.
(For more information, see Redundancy (8): collective consultation: Timing of notification).
In determining how many dismissals are being proposed, dismissals already notified to the Secretary of State are discounted (section 193(3), TULRCA). So if an employer notifies the Secretary of State of 20 proposed dismissals, and then proposes ten more, there is no obligation to notify about the ten. Employees who work outside Great Britain are also not counted for the purposes of the obligation to notify the Secretary of State (section 285, TULRCA).
Failure to provide the notification to the Secretary of State is a criminal offence (section 194, TULRCA) and the employer will be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Since 12 March 2015, level 5 criminal fines have been unlimited. Before this date, the maximum fine was £5,000 (see Checklist, Current rates and limits for employment lawyers: Criminal fines).