A form for giving the Secretary of State advance notice of collective redundancies.
Employers are obliged to notify the Secretary of State where they are proposing to dismiss as redundant 20 or more employees (see Redundancy (8): collective consultation: Definition of "employer" and "employee") within a 90-day period (section 193, Trade Unions 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 (see Checklist, Current rates and limits for employment lawyers: Criminal fines).
*Note: Form HR1 was updated in October 2013 to take account of the changes which came into effect on 6 April 2013. However, the revised form erroneously states that the obligation to notify the Secretary of State arises where there is a proposal to dismiss 20 or more employees as redundant at one establishment within a period of 45 days or less. This should in fact be 90 days or less, under section 193 of TULRCA.